State law and regulation

(a) State law (1) Reclamation, land use, environmental, and public health standards Any reclamation, land use, environmental, or public health protection standard or requirement in State law that meets or exceeds the requirements of this Act shall not be construed to be inconsistent with any such standard. (2) Bonding requirements Any bonding standard or requirement in State law that meets or exceeds the requirements of this Act shall not be construed to be inconsistent with such requirements. (3) Inspection standards Any inspection standard or requirement in State law that meets or exceeds the requirements of this Act shall not be construed to be inconsistent with such requirements. (b) Applicability of other State requirements (1) Environmental standards Nothing in this Act may be construed to affect any toxic substance, solid waste, or air or water quality standard or requirement of any State, local, or Tribal law that may be applicable to mineral activities on land subject to this Act. (2) Water resources Nothing in this Act may be construed to affect the right of any person to enforce or protect, under applicable law, the interest of such person in water resources affected by mineral activities on land subject to this Act. (c) Cooperative agreements (1) In general A State may enter into a cooperative agreement with the Secretary concerned for the purpose of the Secretary concerned applying such standards and requirements referred to in subsections (a) and (b) to mineral activities or reclamation on land subject to this Act. (2) Common regulatory framework (A) In general If a proposed mineral activity would affect land not subject to this Act in addition to land subject to this Act, in order to approve a plan of operations, the Secretary concerned shall enter into a cooperative agreement with the State that establishes a common regulatory framework consistent with the requirements of this Act for the purposes of such plan of operations. (B) Authority of Federal Government Any common regulatory framework established under subparagraph (A) may not negate the authority of the Federal Government to independently inspect mines and operations and bring enforcement actions for violations. (3) Notice and public comment The Secretary concerned may not enter into a cooperative agreement with a State under this section until after notice in the Federal Register and opportunity for public comment and hearing. (d) Prior agreements Any cooperative agreement between the Secretary concerned and a State, or political subdivision thereof, relating to the management of mineral activities on land subject to this Act that was in existence on the effective date of this Act may only continue in force until 1 year after the effective date of this Act, during which such period the Secretary concerned and the State shall review the terms of such agreement or other understanding and make changes that are necessary to be consistent with this Act.