PUBLIC LAW 95-87—AUG. 3, 1977 (c) There are hereby authorized to be appropriated for the purpose of this section $500,000: Provided, That no new budget authority is authorized to be appropriated for fiscal year 1977. INDIAN
91 STAT. 523 Appropriation authorization.
LANDS
SEC. 710. (a) The Secretary is directed to study the question of the Study report, regulation of surface mining on Indian lands which will achieve the submittal to purpose of this Act and recognize the special jurisdictional status of Congress. these lands. In carrying out this study the Secretary shall consult with 30 USC 1300. Indian tribes. The study report shall include proposed legislation Proposed designed to allow Indian tribes to elect to assume full regulatory legislation. authority over the administration and enforcement of regulation of surface mining of coal on Indian lands. (b) The study report required by subsection (a) together with drafts of proposed legislation and the view of each Indian tribe which would be affected shall be submitted to the Congress as soon as possible but not later than January 1, 1978. (c) On and after one hundred and thirty-five days from the enact- Compliance. ment of this Act, all surface coal mining operations on Indian lands shall comply with requirements at least as stringent as those imposed by subsections 515(b)(2), 515(b)(3), 515(b)(5), 515(b) (10), 515(b) (13), 515(b) (19), and 515(d) of this Act and the Secretary shall Ante, p. 486. incorporate the requirements of such provisions in all existing and new leases issued for coal on Indian lands. (d) On and after thirty months from the enactment of this Act, all surface coal mining operations on Indian lands shall comply with requirements at least as stringent as those imposed by sections 507, 508, 509, 510, 515, 516, 517, and 519 of this Act and the Secretary shall Ante, pp. 474, incorporate the requirements of such provisions in all existing and 478, 479, 480, 486, 495, 498, new leases issued for coal on Indian lands. (e) With respect to leases issued after the date of enactment of this 501. Act, the Secretary shall include and enforce terms and conditions in addition to those required by subsections (c) and (d) as may be requested by the Indian tribe in such leases. (f) Any change required by subsection (c) or (d) of this section in Terms and the terms and conditions of any coal lease on Indian lands existing conditions. on i he date of enactment of this Act, shall require the approval of the Secretary. (g) The Secretary shall provide for adequate participation by the various Indian tribes affected in the study authorized in this section and not more than $700,000 of the funds authorized in section 712(a) shall be reserved for this purpose. (h) The Secretary shall analyze and make recommendations regarding the jurisdictional status of Indian Lands outside the exterior boundaries of Indian reservations: Provided, That nothing in this Act shall change the existing jurisdictional status of Indian Lands. EXPERIMENTAL
PRACTICES
SEC. 711. In order to encourage advances in mining and reclamation 30 USC 1301. practices or to allow post-mining land use for industrial, commercial, residential, or public use (including recreational facilities), the regulatory authority with approval by the Secretary may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under sections 515 and 516 of this Act. Such departures may be authorized if (i) the experimental practices are potentially more or at least as environmentally protective, during and after mining operations, as those required by proniulgated standards; (ii) the mining operations approved for particular land-use or other purposes are not larger or
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