---
kind: "section"
citation: "30 U.S.C. § 1254"
title: "30"
title_heading: "Mineral Lands and Mining"
number: "1254"
heading: "Federal programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/30/1254"
units:
  - "Chapter 25 — Surface Mining Control and Reclamation"
  - "Subchapter V — Control of the Environmental Impacts of Surface Coal Mining"
---

# §1254. Federal programs

- (a) **Promulgation and implementation by Secretary for State—** The [Secretary](/usc/30/1291.md?p=23) shall prepare and, subject to the provisions of this section, promulgate and implement a [Federal program](/usc/30/1291.md?p=6) for a [State](/usc/30/1291.md?p=24) no later than thirty-four months after August 3, 1977, if such [State](/usc/30/1291.md?p=24)—
  - (1) fails to submit a [State program](/usc/30/1291.md?p=25) covering [surface coal mining and reclamation operations](/usc/30/1291.md?p=27) by the end of the eighteen-month period beginning on August 3, 1977;
  - (2) fails to resubmit an acceptable [State program](/usc/30/1291.md?p=25) within sixty days of disapproval of a proposed [State program](/usc/30/1291.md?p=25): Provided, That the [Secretary](/usc/30/1291.md?p=23) shall not implement a [Federal program](/usc/30/1291.md?p=6) prior to the expiration of the initial period allowed for submission of a [State program](/usc/30/1291.md?p=25) as provided for in clause (1) of this subsection; or
  - (3) fails to implement, enforce, or maintain its approved [State program](/usc/30/1291.md?p=25) as provided for in this chapter.

  If [State](/usc/30/1291.md?p=24) compliance with clause (1) of this subsection requires an act of the [State](/usc/30/1291.md?p=24) legislature, the [Secretary](/usc/30/1291.md?p=23) may extend the period of submission of a [State program](/usc/30/1291.md?p=25) up to an additional six months. Promulgation and implementation of a [Federal program](/usc/30/1291.md?p=6) vests the [Secretary](/usc/30/1291.md?p=23) with exclusive jurisdiction for the regulation and control of [surface coal mining and reclamation operations](/usc/30/1291.md?p=27) taking place on lands within any [State](/usc/30/1291.md?p=24) not in compliance with this chapter. After promulgation and implementation of a [Federal program](/usc/30/1291.md?p=6) the [Secretary](/usc/30/1291.md?p=23) shall be the [regulatory authority](/usc/30/1291.md?p=22). If a [Federal program](/usc/30/1291.md?p=6) is implemented for a [State](/usc/30/1291.md?p=24), [section 1272(a)](/usc/30/1272.md?p=a), (c), and (d) of this title shall not apply for a period of one year following the date of such implementation. In promulgating and implementing a [Federal program](/usc/30/1291.md?p=6) for a particular [State](/usc/30/1291.md?p=24) the [Secretary](/usc/30/1291.md?p=23) shall take into consideration the nature of that [State](/usc/30/1291.md?p=24)’s terrain, climate, biological, chemical, and other relevant physical conditions.

- (b) **Federal enforcement of State program—** In the event that a [State](/usc/30/1291.md?p=24) has a [State program](/usc/30/1291.md?p=25) for surface coal mining, and is not enforcing any part of such program, the [Secretary](/usc/30/1291.md?p=23) may provide for the Federal enforcement, under the provisions of [section 1271 of this title](/usc/30/1271.md), of that part of the [State program](/usc/30/1291.md?p=25) not being enforced by such [State](/usc/30/1291.md?p=24).
- (c) **Notice and hearing—** Prior to promulgation and implementation of any proposed [Federal program](/usc/30/1291.md?p=6), the [Secretary](/usc/30/1291.md?p=23) shall give adequate public notice and hold a public hearing in the affected [State](/usc/30/1291.md?p=24).
- (d) **Review of permits—** [Permits](/usc/30/1291.md?p=15) issued pursuant to a previously approved [State program](/usc/30/1291.md?p=25) shall be valid but reviewable under a [Federal program](/usc/30/1291.md?p=6). Immediately following promulgation of a [Federal program](/usc/30/1291.md?p=6), the [Secretary](/usc/30/1291.md?p=23) shall undertake to review such [permits](/usc/30/1291.md?p=15) to determine that the requirements of this chapter are not violated. If the [Secretary](/usc/30/1291.md?p=23) determines any [permit](/usc/30/1291.md?p=15) to have been granted contrary to the requirements of this chapter, he shall so advise the [permittee](/usc/30/1291.md?p=18) and provide him an opportunity for hearing and a reasonable opportunity for submission of a new application and reasonable time, within a time limit prescribed in regulations promulgated pursuant to [section 1251(b) of this title](/usc/30/1251.md?p=b), to conform ongoing surface mining and reclamation operations to the requirements of the [Federal program](/usc/30/1291.md?p=6).
- (e) **Submission of State program after implementation of Federal program—** A [State](/usc/30/1291.md?p=24) which has failed to obtain the approval of a [State program](/usc/30/1291.md?p=25) prior to implementation of a [Federal program](/usc/30/1291.md?p=6) may submit a [State program](/usc/30/1291.md?p=25) at any time after such implementation. Upon the submission of such a program, the [Secretary](/usc/30/1291.md?p=23) shall follow the procedures set forth in [section 1253(b) of this title](/usc/30/1253.md?p=b) and shall approve or disapprove the [State program](/usc/30/1291.md?p=25) within six months after its submittal. Approval of a [State program](/usc/30/1291.md?p=25) shall be based on the determination that the [State](/usc/30/1291.md?p=24) has the capability of carrying out the provisions of this chapter and meeting its purposes through the criteria set forth in [section 1253(a)(1)](/usc/30/1253.md?p=a-1) through (6) of this title. Until a [State program](/usc/30/1291.md?p=25) is approved as provided under this section, the [Federal program](/usc/30/1291.md?p=6) shall remain in effect and all actions taken by the [Secretary](/usc/30/1291.md?p=23) pursuant to such [Federal program](/usc/30/1291.md?p=6), including the terms and conditions of any [permit](/usc/30/1291.md?p=15) issued thereunder shall remain in effect.
- (f) **Validity of Federal program permits under superseding State program—** [Permits](/usc/30/1291.md?p=15) issued pursuant to the [Federal program](/usc/30/1291.md?p=6) shall be valid under any superseding [State program](/usc/30/1291.md?p=25): Provided, That the Federal [permittee](/usc/30/1291.md?p=18) shall have the right to apply for a [State](/usc/30/1291.md?p=24) [permit](/usc/30/1291.md?p=15) to supersede his Federal [permit](/usc/30/1291.md?p=15). The [State regulatory authority](/usc/30/1291.md?p=26) may review such [permits](/usc/30/1291.md?p=15) to determine that the requirements of this chapter and the approved [State program](/usc/30/1291.md?p=25) are not violated. Should the [State program](/usc/30/1291.md?p=25) contain additional requirements not contained in the [Federal program](/usc/30/1291.md?p=6), the [permittee](/usc/30/1291.md?p=18) will be provided opportunity for hearing and a reasonable time, within a time limit prescribed in regulations promulgated pursuant to [section 1251 of this title](/usc/30/1251.md), to conform ongoing surface mining and reclamation operations to the additional [State](/usc/30/1291.md?p=24) requirements.
- (g) **Preemption of State statutes or regulations—** Whenever a [Federal program](/usc/30/1291.md?p=6) is promulgated for a [State](/usc/30/1291.md?p=24) pursuant to this chapter, any statutes or regulations of such [State](/usc/30/1291.md?p=24) which are in effect to regulate surface mining and reclamation operations subject to this chapter shall, insofar as they interfere with the achievement of the purposes and the requirements of this chapter and the [Federal program](/usc/30/1291.md?p=6), be preempted and superseded by the [Federal program](/usc/30/1291.md?p=6). The [Secretary](/usc/30/1291.md?p=23) shall set forth any [State](/usc/30/1291.md?p=24) law or regulation which is preempted and superseded by the [Federal program](/usc/30/1291.md?p=6).
- (h) **Coordination of issuance and review of Federal program permits with any other Federal or State permit process—** Any [Federal program](/usc/30/1291.md?p=6) shall include a process for coordinating the review and issuance of [permits](/usc/30/1291.md?p=15) for surface mining and reclamation operations with any other Federal or [State](/usc/30/1291.md?p=24) [permit](/usc/30/1291.md?p=15) process applicable to the proposed operation.

## Source credit

(Pub. L. 95–87, title V, § 504, Aug. 3, 1977, 91 Stat. 471.)