Browse regulations

This regulation establishes federal grant programs to fund state development, administration, and enforcement of surface coal mining regulatory programs under the Surface Mining Control and Reclamation Act. It provides matching grants (80%→50% over time) for program development and administration/enforcement, plus funding for cooperative agreements covering federal lands and the Small Operator Assistance Program. The part details application procedures, reporting requirements, audit mandates, and termination conditions, requiring compliance with OMB circulars and extensive paperwork.

This federal grant program violates constitutional federalism by coercing states to implement federal regulatory schemes through conditional funding, effectively commandeering state apparatus. The $2 trillion regulatory burden includes these costly federal-state partnerships that disproportionately crush small mining operators—the very entities the 'Small Operator Assistance Program' claims to help. The matching grants create perverse incentives for states to expand bureaucracies rather than let market forces discipline the industry. Environmental protection can be achieved through state-level regulation and tort law without this massive overhead. The reporting maze (SF-424, OSM-50, OSM-51, etc.) represents the knowability problem von Mises warned about—no citizen or business can comply with what they cannot understand. The revolving door between state agencies and coal companies funded by these grants ensures regulatory capture. Delete this entire apparatus and restore state sovereignty and market accountability.

This regulation establishes a federal grant program to reimburse states for costs of enforcing coal mining performance standards during the initial regulatory period, providing up to 100% reimbursement for enforcement activities beyond base program costs.

This represents federal overreach into state-level environmental enforcement that should be handled by states under the Tenth Amendment. The program creates dependency on federal funds for basic regulatory functions, distorts state incentives, and imposes complex federal compliance requirements that burden taxpayers without clear constitutional justification.

Sets forth procedures for enforcement of surface coal mining regulations, including issuance of cessation orders for imminent dangers, notices of violation with abatement periods, show cause orders for permit suspension/revocation, and informal hearing processes. Grants regulators authority to immediately shut down operations deemed hazardous, impose abatement obligations, and revoke permits for patterns of violations.

This federal enforcement regime represents unconstitutional overreach into state jurisdiction over land use, imposes massive hidden compliance and administrative costs that disproportionately harm small operators, and creates arbitrary discretionary power through vague 'imminent danger' standards. The regulation perpetuates a bureaucratic system susceptible to regulatory capture, where established firms benefit from barriers to entry. Even legitimate safety and environmental concerns would be better addressed through state regulation, private property rights enforcement, and tort liability—mechanisms that provide true due process, minimize unintended consequences, and align with the Tenth Amendment. The unseen costs of maintaining this system—stifled competition, regulatory inertia, and centralization of authority—far exceed any purported benefits.

Mandates regular and complaint-driven federal inspections of surface coal mining operations, authorizes warrantless entry and record access, establishes citizen reporting with confidentiality and accompaniment rights, and prevents technicalities from vacating enforcement actions.

The regulation imposes heavy compliance costs, particularly on small operators, and violates property rights through warrantless searches. It federalizes an area properly under state jurisdiction, creating a one-size-fits-all regime that stifles innovation and productivity. The citizen suit provisions invite frivolous litigation and regulatory harassment. Unseen costs include misallocation of resources, reduced mining output, higher energy prices, and a chilling effect on investment—burdens that outweigh any marginal safety or environmental benefits achievable through less intrusive state regulation and liability rules.

Federal regulation (30 CFR Part 717) imposing detailed, uniform standards on underground coal mining operations conducted under state jurisdiction, covering: mine identification signage; land reclamation and regrading after mining; sedimentation pond engineering specifications; water quality monitoring; acid/toxic material management; groundwater protection; and road construction. States may adopt more stringent but not less stringent standards.

This regulation exemplifies destructive federal overreach into state police powers under the Tenth Amendment. The one-size-fits-all engineering mandates—particularly the 20+ intricate sedimentation pond specifications—impose crushing compliance costs that disproportionately crush small mining operations while protecting incumbent firms. The command-and-control approach eliminates state innovation and adaptation to local conditions, substituting bureaucratic rigidity for market-driven environmental stewardship. Worse, by creating a federal compliance shield, it reduces actual accountability: when problems occur, operators claim they followed federal rules rather than answering to affected communities under state tort and property law. The unseen cost is the stifling of technological advancement in reclamation and pollution control—innovators cannot experiment when federal standards specify exact methods. This regulation should be repealed so states can craft flexible, cost-effective frameworks that truly protect resources without sacrificing liberty and enterprise.

This regulation establishes special performance standards for surface coal mining operations in six specific circumstances: steep slopes, mountaintop removal, special bituminous coal mines (primarily Wyoming), anthracite mining (primarily Pennsylvania), Alaska mining operations, and prime farmland. It includes detailed requirements for grading, backfilling, watershed protection, post-mining land use approvals, soil preservation, and variance processes. Mining operators must comply with both these special standards and general standards in part 715, unless exempted.

This federal regulation exceeds constitutional authority under the Commerce Clause, violating Tenth Amendment federalism by commandeering state and local authority over land use and mining. The massive compliance burden—detailed engineering requirements, soil surveys, permit procedures, and ongoing reporting—disproportionately harms small operators while protecting incumbents. The mandated post-mining land use approvals constitute central planning that distorts economically optimal outcomes. Compliance costs exceed any marginal environmental benefit, as states are better positioned to balance mining, reclamation, and local land-use needs. The regulation creates regulatory capture opportunities through discretionary variances and engineer certifications. Unintended consequences include reduced domestic coal production, higher energy costs, and barriers to entry that protect established players from competition.

Federal coal mining regulations establishing performance standards for surface mining operations, reclamation requirements, and environmental protection measures to restore mined lands to approximate original contour or approved alternative uses.

These regulations impose massive compliance costs on coal mining operations, creating barriers to energy production while failing to account for the unseen economic costs of reduced coal supply and higher energy prices for American consumers.

Temporary regulatory program for surface coal mining under the Surface Mining Control and Reclamation Act of 1977. Sets environmental performance standards, inspection procedures, and state coordination until permanent programs approved. Includes technical definitions and a small operator exemption (≤100,000 tons/year).

Obsolete transitional regulation from 1977-78; permanent programs replaced it decades ago. Keeping it adds unnecessary complexity to CFR, creates legal uncertainty, and perpetuates a burdensome federal regime that increases compliance costs—especially for small operators—and distorts market incentives.

Federal regulation requiring employees who perform duties under the Surface Mining Control and Reclamation Act to file financial statements disclosing any direct or indirect interests in coal mining operations, with monitoring and enforcement mechanisms to prevent conflicts of interest.

Creates massive compliance bureaucracy with $2+ trillion in regulatory costs, imposes unconstitutional federal oversight on state-regulated industries, and violates principles of limited government by forcing extensive financial disclosure requirements on federal employees performing legitimate functions.

Federal regulation implementing Section 517(g) of the Surface Mining Control and Reclamation Act, requiring state coal mining regulators to file annual financial disclosure statements and prohibiting any direct or indirect financial interest in coal operations. Establishes detailed procedures for filing, review, conflict resolution, federal audits, and penalties including removal and criminal liability.

This regulation imposes unnecessary compliance costs on states—20 minutes per employee annually plus administrative burdens for review, certification, and federal audits. It creates federal criminal liability for state employees' disclosure errors, distorts incentives by deterring qualified candidates with industry expertise, and crowds out state innovation in ethics rules. The one-size-fits-all mandate wastes resources on duplicative reporting to Congress while states already possess both the incentives and frameworks to prevent conflicts through their own laws, which can be tailored to local needs without federal overhead.

MSHA Part 50 requires coal, metal, and nonmetal mine operators to immediately report accidents, investigate incidents, file injury/illness reports, and maintain employment/coal production data to implement MSHA's authority to investigate mine safety and develop injury incidence rates.

Americans would be worse off if this regulation was deleted because it provides essential safety data collection and accident reporting that helps identify dangerous conditions, track injury patterns, and hold operators accountable for workplace safety. Without these reporting requirements, mining companies could conceal accidents, fail to investigate incidents, and avoid accountability for preventable injuries and deaths.

Establishes procedures for State approval and operation of occupational safety and health programs for State and local government employees, requiring standards at least as effective as federal standards and enforcement mechanisms with developmental plans allowed for 3-year implementation periods.

Creates massive federal bureaucracy that imposes costly compliance requirements on state and local governments, distorts state sovereignty under Tenth Amendment, and establishes unnecessary federal oversight of what should be state/local responsibility. The $2+ trillion annual regulatory compliance burden demonstrates how such programs metastasize beyond their original purpose.

EEOC regulations implementing the Government in the Sunshine Act of 1976, establishing procedures for open meetings and public observation of agency deliberations, with specific exemptions for sensitive matters like national security, personnel issues, and ongoing litigation.

Creates unnecessary bureaucratic overhead for public meetings without meaningful benefits - private organizations routinely make decisions without mandated public observation, and the regulatory burden of compliance, recording requirements, and legal review adds costs while duplicating existing FOIA transparency mechanisms.

EEOC's implementing regulations for the Privacy Act, detailing procedures for individuals to request access to, amendment of, or accounting of disclosures for their records in EEOC systems, including identification requirements, fees, appeal processes, and exemptions for investigative and security files.

Adds to the $2 trillion annual compliance burden and 185,000-page regulatory labyrinth, creating complexity while legitimizing federal data collection. Privacy is better protected by limiting government power through constitutional constraints, not by costly bureaucratic procedures that provide weak protections via exemptions for law enforcement.

EEOC procedural regulations establishing complaint filing, investigation, and enforcement mechanisms for employment discrimination under civil rights laws including Title VII, ADA, GINA, and PWFA

These regulations provide essential procedural safeguards for discrimination victims and ensure consistent enforcement of civil rights protections that would be difficult to achieve through voluntary compliance alone