30 CFR §745.13
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
The Secretary shall not delegate to any State, nor shall any cooperative agreement under this part be construed to delegate to any State, authority to—
- (a)Designate Federal lands as unsuitable for surface coal mining under subchapter F of this chapter or terminate such designations;
- (b)Comply with the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq., and Federal laws and regulations other than SMCRA;
- (c)Develop land use management plans for Federal lands where the surface estate is federally-owned;
- (d)Regulate non-coal mining activities on Federal lands;
- (e)Determine when, where, and how to lease Federal coal and how much to lease;
- (f)Develop terms for Federal coal leases, including any special terms relating to mining and reclamation procedures;
- (g)Evaluate Federal coal resources;
- (h)Establish royalties, rents, and bonuses charged in connection with Federal coal leases;
- (i)Approve mining plans or modifications thereto;
- (j)Enforce Federal lease terms, including diligent development and maximum economic recovery requirements;
- (k)Approve or determine post-mining land uses for Federal lands where the surface estate is federally-owned;
- (l)Release Federal lease bonds;
- (m)Evaluate the State's administration and enforcement of the approved State program and implementation of the cooperative agreement on Federal lands;
- (n)Comply with the inspection, enforcement and civil penalties requirements of parts 842 and 843 of this chapter except as provided under § 740.4(c)(5) of this chapter;
- (o)Determine whether a person has valid existing rights to conduct surface coal mining operations on Federal lands within the areas specified in § 761.11(a) and (b) of this chapter; or
- (p)Issue findings on whether there are significant recreational, timber, economic, or other values that may be incompatible with surface coal mining operations on Federal lands within a national forest, as specified in § 761.11(b) of this chapter.