Laserfiche WebLink
• •~ <br />Federal lands program.Z The Federal lands program is <br />implemented at 30 C.F.R. Chapter VII, Subchapter D. Section <br />740.11 (f) of Subchapter D provides: <br />Where coal exploration or surface coal mining and <br />reclamation operations within a State are on Federal <br />lands and where no State or Federal program has been <br />approved for the State, this subchapter shall apply in <br />that State upon the effective date of these <br />regulations. <br />Also, 30 C.F.R. § 740.11 provides in part: <br />(a) Upon approval or promulgation of a regulatory <br />program for a State, that program and this subchapter <br />shall apply to: <br />(2) Surface coal mining and reclamation <br />operations taking place on any Federal lands as defined <br />in § 700.5 of this chapter, and lands (except Indian <br />lands) over leased or unleased Federal minerals. <br />(Emphasis added.) <br />Thus, where operations are on Federal lands within a State <br />not having an approved State program, then the requirements of <br />the Federal lands program at 30 C.F.R. Chapter VII, Subchapter D, <br />apply to those operations. See 30 C.F.R. § 740.11(f). Where, <br />however, operations are on Federal lands within a State with an <br />approved State program, then the requirements of the approved <br />State program and 30 C.F.R. Chapter VII, Subchapter D, apply to <br />those operations. See 30 C.F.R. § 740.11(a)(2). <br />Z Federal lands, as defined at SMCRA § 701(4), include "any <br />land, including mineral interests, owned by the United States <br />without regard to how the United States acquired ownership of the <br />land, except Indian lands ." <br />12 <br />