---
kind: "section"
citation: "30 U.S.C. § 1267"
title: "30"
title_heading: "Mineral Lands and Mining"
number: "1267"
heading: "Inspections and monitoring"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/30/1267"
units:
  - "Chapter 25 — Surface Mining Control and Reclamation"
  - "Subchapter V — Control of the Environmental Impacts of Surface Coal Mining"
---

# §1267. Inspections and monitoring

- (a) **Inspections of surface coal mining and reclamation operations—** The [Secretary](/usc/30/1291.md?p=23) shall cause to be made such inspections of any [surface coal mining and reclamation operations](/usc/30/1291.md?p=27) as are necessary to evaluate the administration of approved [State programs](/usc/30/1291.md?p=25), or to develop or enforce any [Federal program](/usc/30/1291.md?p=6), and for such purposes authorized representatives of the [Secretary](/usc/30/1291.md?p=23) shall have a right of entry to, upon, or through any [surface coal mining and reclamation operations](/usc/30/1291.md?p=27).
- (b) **Records and reports; monitoring systems; evaluation of results—** For the purpose of developing or assisting in the development, administration, and enforcement of any approved [State](/usc/30/1291.md?p=24) or [Federal program](/usc/30/1291.md?p=6) under this chapter or in the administration and enforcement of any [permit](/usc/30/1291.md?p=15) under this chapter, or of determining whether any [person](/usc/30/1291.md?p=19) is in violation of any requirement of any such [State](/usc/30/1291.md?p=24) or [Federal program](/usc/30/1291.md?p=6) or any other requirement of this chapter—
  - (1) the [regulatory authority](/usc/30/1291.md?p=22) shall require any [permittee](/usc/30/1291.md?p=18) to (A) establish and maintain appropriate records, (B) make monthly reports to the [regulatory authority](/usc/30/1291.md?p=22), (C) install, use, and maintain any necessary monitoring equipment or methods, (D) evaluate results in accordance with such methods, at such locations, intervals, and in such manner as a [regulatory authority](/usc/30/1291.md?p=22) shall prescribe, and (E) provide such other information relative to [surface coal mining and reclamation operations](/usc/30/1291.md?p=27) as the [regulatory authority](/usc/30/1291.md?p=22) deems reasonable and necessary;
  - (2) for those [surface coal mining and reclamation operations](/usc/30/1291.md?p=27) which remove or disturb strata that serve as aquifers which significantly insure the hydrologic balance of water use either on or off the mining site, the [regulatory authority](/usc/30/1291.md?p=22) shall specify those—
    - (A) monitoring sites to record the quantity and quality of surface drainage above and below the minesite as well as in the potential zone of influence;
    - (B) monitoring sites to record level, amount, and samples of ground water and aquifers potentially affected by the mining and also directly below the lowermost (deepest) coal seam to be mined;
    - (C) records of well logs and borehole data to be maintained; and
    - (D) monitoring sites to record precipitation.

    The monitoring data collection and analysis required by this section shall be conducted according to standards and procedures set forth by the [regulatory authority](/usc/30/1291.md?p=22) in order to assure their reliability and validity; and

  - (3) the authorized representatives of the [regulatory authority](/usc/30/1291.md?p=22), without advance notice and upon presentation of appropriate credentials (A) shall have the right of entry to, upon, or through any [surface coal mining and reclamation operations](/usc/30/1291.md?p=27) or any premises in which any records required to be maintained under paragraph (1) of this subsection are located; and (B) may at reasonable times, and without delay, have access to and copy any records, inspect any monitoring equipment or method of operation required under this chapter.
- (c) **Inspection intervals—** The inspections by the [regulatory authority](/usc/30/1291.md?p=22) shall (1) occur on an irregular basis averaging not less than one partial inspection per month and one complete inspection per calendar quarter for the surface coal mining and reclamation operation covered by each [permit](/usc/30/1291.md?p=15); (2) occur without prior notice to the [permittee](/usc/30/1291.md?p=18) or his agents or employees except for necessary onsite meetings with the [permittee](/usc/30/1291.md?p=18); and (3) include the filing of inspection reports adequate to enforce the requirements of and to carry out the terms and purposes of this chapter.
- (d) **Maintenance of sign—** Each [permittee](/usc/30/1291.md?p=18) shall conspicuously maintain at the entrances to the [surface coal mining and reclamation operations](/usc/30/1291.md?p=27) a clearly visible sign which sets forth the name, business address, and phone number of the [permittee](/usc/30/1291.md?p=18) and the [permit](/usc/30/1291.md?p=15) number of the [surface coal mining and reclamation operations](/usc/30/1291.md?p=27).
- (e) **Violations—** Each inspector, upon detection of each violation of any requirement of any [State](/usc/30/1291.md?p=24) or [Federal program](/usc/30/1291.md?p=6) or of this chapter, shall forthwith inform the [operator](/usc/30/1291.md?p=13) in writing, and shall report in writing any such violation to the [regulatory authority](/usc/30/1291.md?p=22).
- (f) **Availability of information to public—** Copies of any records, reports, inspection materials, or information obtained under this subchapter by the [regulatory authority](/usc/30/1291.md?p=22) shall be made immediately available to the public at central and sufficient locations in the county, multicounty, and [State](/usc/30/1291.md?p=24) area of mining so that they are conveniently available to residents in the areas of mining.
- (g) **Conflict of interest; penalty; publication of regulations; report to Congress—** No employee of the [State regulatory authority](/usc/30/1291.md?p=26) performing any function or duty under this chapter shall have a direct or indirect financial interest in any underground or surface coal mining operation. Whoever knowingly violates the provisions of this subsection shall, upon conviction, be punished by a fine of not more than $2,500, or by imprisonment of not more than one year, or by both. The [Secretary](/usc/30/1291.md?p=23) shall (1) within sixty days after August 3, 1977, publish in the Federal Register, in accordance with [section 553 of title 5](/usc/5/553.md), regulations to establish methods by which the provisions of this subsection will be monitored and enforced by the [Secretary](/usc/30/1291.md?p=23) and such [State regulatory authority](/usc/30/1291.md?p=26), including appropriate provisions for the filing by such employees and the review of statements and supplements thereto concerning any financial interest which may be affected by this subsection, and (2) report to the Congress as part of the Annual Report ([section 1296 of this title](/usc/30/1296.md)) on actions taken and not taken during the preceding year under this subsection.
- (h) **Review; procedures for inspections—**
  - (1) Any [person](/usc/30/1291.md?p=19) who is or may be adversely affected by a surface mining operation may notify the [Secretary](/usc/30/1291.md?p=23) or any representative of the [Secretary](/usc/30/1291.md?p=23) responsible for conducting the inspection, in writing, of any violation of this chapter which he has reason to believe exists at the surface mining site. The [Secretary](/usc/30/1291.md?p=23) shall, by regulation, establish procedures for informal review of any refusal by a representative of the [Secretary](/usc/30/1291.md?p=23) to issue a citation with respect to any such alleged violation. The [Secretary](/usc/30/1291.md?p=23) shall furnish such [persons](/usc/30/1291.md?p=19) requesting the review a written statement of the reasons for the [Secretary](/usc/30/1291.md?p=23)’s final disposition of the case.
  - (2) The [Secretary](/usc/30/1291.md?p=23) shall also, by regulation, establish procedures to insure that adequate and complete inspections are made. Any such [person](/usc/30/1291.md?p=19) may notify the [Secretary](/usc/30/1291.md?p=23) of any failure to make such inspections, after which the [Secretary](/usc/30/1291.md?p=23) shall determine whether adequate and complete inspections have been made. The [Secretary](/usc/30/1291.md?p=23) shall furnish such [persons](/usc/30/1291.md?p=19) a written statement of the reasons for the [Secretary](/usc/30/1291.md?p=23)’s determination that adequate and complete inspections have or have not been conducted.

## Source credit

(Pub. L. 95–87, title V, § 517, Aug. 3, 1977, 91 Stat. 498.)

## Notes

### Statutory Notes and Related Subsidiaries

### Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (g) of this section relating to requirement to report to Congress on actions taken and not taken under subsec. (g), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 109 of House Document No. 103–7.