Parts 700 - 712.12
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Subchapter A Parts 700 - 712.12 |
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This SUBCHAPTER is current through the JULY 1, 2002 issue of the FEDERAL REGISTER.
CODE OF FEDERAL REGULATIONS
TITLE 30 MINERAL RESOURCES
CHAPTER VII OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT,
DEPARTMENT OF THE INTERIOR
SUBCHAPTER A GENERAL
30 CFR PART 700 GENERAL
30 CFR PART 701 PERMANENT REGULATORY PROGRAM
30 CFR PART 702 EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION
OF OTHER MINERALS
30 CFR PART 705 RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES
30 CFR PART 706 RESTRICTION ON FINANCIAL INTERESTS OF FEDERAL EMPLOYEES
30 CFR PART 707 EXEMPTION FOR COAL EXTRACTION INCIDENT TO GOVERNMENT-
FINANCED HIGHWAY OR OTHER CONSTRUCTION
CODE OF FEDERAL REGULATIONS
TITLE 30 MINERAL RESOURCES
CHAPTER VII OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT,
DEPARTMENT OF THE INTERIOR
SUBCHAPTER A GENERAL
30 CFR PART 700 GENERAL
30 CFR Sec.
700.1 Scope
700.2 Objective
700.3 Authority
700.4 Responsibility
700.5 Definitions
700.10 Information collection
700.11 Applicability
700.12 Petitions to initiate rulemaking
700.13 Notice of citizen suits
700.14 Availability of records
700.15 Computation of time
AUTHORITY: 30 U.S.C. 1201 et seq., as amended; and Pub. L. 100-34.
SOURCE: 44 FR 15313, Mar. 13, 1979, unless otherwise noted.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 700-890, 3/13/79 - 7/1/02".]
30 CFR Sec. 700.1 Scope.
The regulations in chapter VII of 30 CFR, consisting of parts 700 through 899, establish the procedures through
which the Secretary of the Interior will implement the Surface Mining Control and Reclamation Act of 1977 (Pub. L. 95-
87, 91 Stat. 445 (30 U.S.C. 1201 et. seq.)). Chapter VII is divided into 13 subchapters.
(a) Subchapter A contains introductory information intended to serve as a guide to the rest of the chapter and to the
regulatory requirements and definitions generally applicable to the programs and persons covered by the Act.
(b) Subchapter B contains regulations covering the initial regulatory program which apply before the applicability of
permanent program regulations to persons conducting surface coal mining and reclamation operations and other persons
covered by the Act.
(c) Subchapter C sets forth regulations covering applications for and decisions on permanent State programs; the
process to be followed for substituting a Federal program for an approved State program, if necessary; the process for
assuming temporary Federal enforcement of an approved State program; and the process for implementing a Federal
program in a State when required by the Act.
(d) Subchapter D of this chapter identifies the procedures that apply to surface coal mining and reclamation
operations conducted on Federal lands rather than State or private lands and incorporates by reference the requirements
of the applicable regulatory program and the inspection and enforcement requirements of subchapter L of this chapter.
(e) Subchapter E of this chapter contains regulations that apply to surface coal mining and reclamation operations
conducted on Indian lands.
(f)(1) Subchapter F implements the requirements of the Act for --
(i) Designating lands which are unsuitable for all or certain types of surface coal mining operations;
(ii) Terminating designations no longer found to be appropriate; and
(iii) Prohibiting surface coal mining and reclamation operations on those lands or areas where the Act states that
surface coal mining operations should not be permitted or should be permitted only after specified determinations are
made.
(2) Subchapter F does not include regulations governing designation of areas unsuitable for noncoal mining under the
terms of section 601 of the Act or the designation of Federal lands under the Federal lands review provisions of section
522(b) of the Act. The Bureau of Land Management of the Department of the Interior is responsible for these provisions
which will be implemented when promulgated by regulations in title 43 of the Code of Federal Regulations.
(g) Subchapter G governs applications for and decisions on permits for surface coal mining and reclamation
operations on non-Indian and non-Federal lands under a State or Federal program. It also governs coal exploration and
permit application and decisions on permits for special categories of coal mining on non-Indian and non-Federal lands
under a State or Federal program. Regulations implementing the experimental practices provision of the Act are also
included in subchapter G.
(h) Subchapter J sets forth requirements for performance bonds and public liability insurance for both surface mining
and underground mining activities.
(i) Subchapter K sets forth the environmental and other performance standards which apply to coal exploration and to
surface coal mining and reclamation operations during the permanent regulatory program. The regulations establish the
minimum requirements for operations under State and Federal programs. Performance standards applicable to special
mining situations such as anthracite mines, steep slope mining, alluvial valley floors, and prime farmlands are included.
(j) Subchapter L sets forth the inspection, enforcement, and civil penalty provisions that apply to a State, Federal, or
Federal lands program.
(k) Subchapter M sets forth the requirements for the training, examination, and certification of blasters.
(l) Subchapter P sets forth the provisions for protection of employees who initiate proceedings under the Act or testify
in any proceedings resulting from the administration or enforcement of the Act.
(m) Subchapter R sets forth the regulations for the abandoned mine land reclamation program. These regulations
include the fee collection requirements and the mechanisms for implementing the State and Federal portions of the
abandoned mine land reclamation program.
(n) Subchapter S sets forth the regulations that apply to grants for mining and mineral research institutes and grants
for mineral research projects.
[44 FR 15313, Mar. 13, 1979, as amended at 48 FR 6934, Feb. 16, 1983; 49 FR 38477, Sept. 28, 1984]
30 CFR Sec. 700.2 Objective.
The objective of chapter VII is to fulfill the purposes of the Act found in section 102 in a manner which is consistent
with the language of the Act, its legislative history, other applicable laws, and judicial interpretations.
30 CFR Sec. 700.3 Authority.
The Secretary is authorized to administer the requirements of the Act, except the following:
(a) Provisions of the Act that authorize the Secretary of Agriculture to establish programs for the reclamation of rural
lands, identification of prime agricultural lands, and other responsibilities described in the Act. Regulations promulgated
by the Secretary of Agriculture are in 7 CFR;
(b) Provisions of the Act for which responsibility is specifically assigned to other Federal agencies, including the
Department of Labor, the Environmental Protection Agency, the Corps of Engineers, the Council on Environmental
Quality, and the Department of Energy; and
(c) Authority retained by the States to enforce State laws or regulations which are not inconsistent with the Act and
this chapter, including the authority to enforce more stringent land use and environmental controls and regulations.
30 CFR Sec. 700.4 Responsibility.
(a) The Director of the Office of Surface Mining Reclamation and Enforcement, under the general direction of the
Assistant Secretary, Energy and Minerals, is responsible for exercising the authority of the Secretary, except for the
following:
(1) Approval, disapproval or withdrawal of approval of a State program and implementation of a Federal program.
The Director is responsible for exercising the authority of the Secretary to substitute Federal enforcement of a State
program under section 521(b) of the Act.
(2) Designation of non-Federal lands or Federal lands without the concurrence of the Federal surface managing
agency as unsuitable for all or certain types of surface coal mining operations under section 522 of the Act and as
unsuitable for non-coal mining under section 601 of the Act; and
(3) Authority to approve or disapprove mining plans to conduct surface coal mining and reclamation operations on
Federal lands.
(b) The Director is responsible for consulting with Federal land-managing agencies and Federal agencies with
responsibility for natural and historic resources on Federal lands on actions which may have an effect on their
responsibilities.
(c) The States are responsible for the regulation of surface coal mining and reclamation operations under the initial
regulatory program and surface coal mining and reclamation operations and coal exploration under an approved State
program and the reclamation of abandoned mine lands under an approved State Reclamation Plan on non-Federal and
non-Indian lands in accordance with procedures in this chapter.
(d) The Secretary may delegate to a State through a cooperative agreement certain authority relating to the regulation
of surface coal mining and reclamation operations on Federal lands in accordance with 30 CFR part 745.
(e) The Director, Office of Hearings and Appeals, U.S. Department of the Interior, is responsible for the
administration of administrative hearings and appeals required or authorized by the Act pursuant to the regulations in 43
CFR part 4.
[44 FR 15313, Mar. 13, 1979; 44 FR 49684, Aug. 24, 1979]
30 CFR Sec. 700.5 Definitions.
As used throughout this chapter, the following terms have the specified meaning except where otherwise indicated
ACT means the Surface Mining Control and Reclamation Act of 1977 (Pub. L. 95-87).
ANTHRACITE means coal classified as anthracite in ASTM Standard D 388-77. Coal classifications are published by
the American Society of Testing and Materials under the title, Standard Specification for Classification of Coals by
Rank, ASTM D 388-77, on pages 220 through 224. Table 1 which classifies the coals by rank is presented on page 223.
This publication is hereby incorporated by reference as it exists on the date of adoption of these regulations. Notices of
changes made to this publication will be periodically published by the Office of Surface Mining in the FEDERAL
REGISTER. This ASTM Standard is on file and available for inspection at the OSM Office, U.S. Department of the
Interior, South Interior Building, Washington, DC 20240, at each OSM Regional Office, District Office and Field
Office, and at the central office of the applicable State Regulatory Authority, if any. Copies of this publication may also
be obtained by writing to the above locations. A copy of this publication will also be on file for public inspection at the
Federal Register Library, 1100 L St., NW., Washington, DC Incorporation by reference provisions approved by the
Director of the FEDERAL REGISTER February 7, 1979. The Director's approval of this incorporation by reference
expires on July 1, 1981.
COAL means combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite by
ASTM Standard D 388-77, referred to and incorporated by reference in the definition of "anthracite" immediately
above.
DEPARTMENT means the Department of the Interior.
DIRECTOR means the Director, Office of Surface Mining Reclamation and Enforcement, or the Director's
representative.
Federal lands means any land, including mineral interests, owned by the United States, without regard to how the
United States acquired ownership of the lands or which agency manages the lands. It does not include Indian lands.
However, lands or mineral interests east of the 100th meridian west longitude owned by the United States and entrusted
to or managed by the Tennessee Valley Authority are not subject to sections 714 (surface owner protection) and 715
(Federal lessee protection) of the Act.
FEDERAL LANDS PROGRAM means a program established by the Secretary pursuant to section 523 of the Act to
regulate surface coal mining and reclamation operations on Federal lands.
FUND means the Abandoned Mine Reclamation Fund established pursuant to section 401 of the Act.
INDIAN LANDS means all lands, including mineral interests, within the exterior boundaries of any Federal Indian
reservation, notwithstanding the issuance of any patent, and including rights-of-way, and all lands including mineral
interests held in trust for or supervised by an Indian tribe.
INDIAN TRIBE means any Indian tribe, band, group, or community having a governing body recognized by the
Secretary.
Office means the Office of Surface Mining Reclamation and Enforcement established under title II of the Act.
OSM and OSMRE mean the Office of Surface Mining Reclamation and Enforcement established under title II of the
Act.
PERSON means an individual, Indian tribe when conducting surface coal mining and reclamation operations on non-
Indian lands, partnership, association, society, joint venture, joint stock company, firm, company, corporation,
cooperative or other business organization and any agency, unit, or instrumentality of Federal, State or local government
including any publicly owned utility or publicly owned corporation of Federal State or local government.
PERSON HAVING AN INTEREST WHICH IS OR MAY BE ADVERSELY AFFECTED or PERSON WITH A VALID
LEGAL INTEREST shall include any person--
(a) Who uses any resource of economic, recreational, esthetic, or environmental value that may be adversely affected
by coal exploration or surface coal mining and reclamation operations or any related action of the Secretary or the State
regulatory authority; or
(b) Whose property is or may be adversely affected by coal exploration or surface coal mining and reclamation
operations or any related action of the Secretary or the State regulatory authority.
PUBLIC OFFICE means a facility under the direction and control of a governmental entity which is open to public
access on a regular basis during reasonable business hours.
REGIONAL DIRECTOR means a Regional Director of the Office or a Regional Director's representative.
REGULATORY AUTHORITY means the department or agency in each State which has primary responsibility at the
State level for administering the Act in the initial program, or the State regulatory authority where the State is
administering the Act under a State regulatory program, or the Secretary in the initial or permanent program where the
Secretary is administering the Act, or the Secretary when administering a Federal program or Federal lands program or
when enforcing a State program pursuant to section 521(b) of the Act.
REGULATORY PROGRAM means any approved State or Federal program or, in a State with no approved State or
Federal program and coal exploration and surface coal mining and reclamation operations are on Federal lands, the
requirements of subchapters A, F, G, J, K, L, M, and P of this chapter.
SECRETARY means the Secretary of the Interior or the Secretary's representative.
STATE REGULATORY AUTHORITY means the department or agency in each State which has primary responsibility
at the State level for administering the initial or permanent State regulatory program.
SURFACE COAL MINING OPERATIONS mean--
(a) Activities conducted on the surface of lands in connection with a surface coal mine or, subject to the requirements
of section 516 of the Act, surface operations and surface impacts incident to an underground coal mine, the products of
which enter commerce or the operations of which directly or indirectly affect interstate commerce. Such activities
include excavation for the purpose of obtaining coal, including such common methods as contour, strip, auger, mountain
top removal, box cut, open pit, and area mining; the use of explosives and blasting; in situ distillation or retorting;
leaching or other chemical or physical processing; and the cleaning, concentrating, or other processing or preparation of
coal. Such activities also include the loading of coal for interstate commerce at or near the mine site. Provided, these
activities do not include the extraction of coal incidental to the extraction of other minerals, where coal does not exceed
16 2/3 percent of the tonnage of minerals removed for purposes of commercial use or sale, or coal exploration subject to
section 512 of the Act; and, Provided further, that excavation for the purpose of obtaining coal includes extraction of
coal from coal refuse piles; and
(b) The areas upon which the activities described in paragraph (a) of this definition occur or where such activities
disturb the natural land surface. These areas shall also include any adjacent land the use of which is incidental to any
such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain
access to the site of those activities and for haulage and excavation, workings, impoundments, dams, ventilation shafts,
entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions,
repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or
other property or material on the surface, resulting from or incident to those activities.
SURFACE COAL MINING AND RECLAMATION OPERATIONS means surface coal mining operations and all
activities necessary or incidental to the reclamation of such operations. This term includes the term surface coal mining
operations.
TON means 2000 pounds avoirdupois (.90718 metric ton).
[44 FR 15313, Mar. 13, 1979; 44 FR 49684, Aug. 24, 1979, as amended at 45 FR 54753, Aug. 18, 1980; 48 FR 6934,
Feb. 16, 1983; 48 FR 20400, May 5, 1983; 50 FR 28189, July 10, 1985; 52 FR 17729, May 11, 1987; 52 FR 39407,
Oct. 21, 1987]
30 CFR Sec. 700.10 Information collection.
The collection of information, and recordkeeping requirements, contained in 30 CFR 700.11(d), 700.12(b) and
700.13 has approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance
number 1029-0094. The information collected in Sec. 700.11(d) is used by OSMRE and States to establish standards for
determining when a mine site is no longer a surface coal mining and reclamation operation and thereby when regulatory
jurisdiction may end. The information collection under Sec. 700.12(b) is used by OSMRE to consider need, costs, and
benefits of a proposed regulatory change in order to grant or deny a petition that has been submitted. Information
collected in Sec. 700.13 identifies the person and nature of a citizen's suit, so that OSMRE or a state can respond
appropriately.
[53 FR 44363, Nov. 2, 1988]
30 CFR Sec. 700.11 Applicability.
(a) Except as provided in paragraph (b) of this section, this chapter applies to all coal exploration and surface coal
mining and reclamation operations, except:
(1) The extraction of coal by a landowner for his or her own noncommercial use from land owned or leased by him or
her. Noncommercial use does not include the extraction of coal by one unit of an integrated company or other business
or nonprofit entity which uses the coal in its own manufacturing or power plants;
(2) The extraction of 250 tons of coal or less by a person conducting a surface coal mining and reclamation operation.
A person who intends to remove more than 250 tons is not exempted;
(3) The extraction of coal as an incidental part of Federal, State or local government-financed highway or other
construction in accordance with part 707 of this chapter;
(4) The extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3 percent of
the total tonnage of coal and other minerals removed for purposes of commercial use or sale in accordance with part 702
of this chapter.
(5) Coal exploration on lands subject to the requirement of 43 CFR parts 3480-3487.
(b) This chapter does not apply to the extraction of coal for commercial purposes where the surface coal mining and
reclamation operation, together with any related operations, has or will have an affected area of two acres or less. For
purposes of this paragraph:
(1) Where a segment of a road is used for access or coal haulage by more than one surface coal mining operation, the
entire segment shall be included in the affected area of each of those operations; provided, that two or more operations
which are deemed related pursuant to paragraph (b)(2) of this section shall be considered as one operation for purposes
of this paragraph.
(2) Except as provided in paragraph (b)(3) of this section, surface coal mining operations shall be deemed related if
they occur within twelve months of each other, are physically related, and are under common ownership or control.
(i) Operations shall be deemed physically related if drainage from both operations flows into the same watershed at or
before a point within five aerial miles of either operation.
(ii) Operations shall be deemed under common ownership or control if they are owned or controlled, directly or
indirectly, by or on behalf of:
(A) The same person;
(B) Two or more persons, one of whom controls, is under common control with, or is controlled by the other; or
(C) Members of the same family and their relatives, unless it is established that there is no direct or indirect business
relationship between or among them;
(iii) For purposes of this paragraph, "control" means: ownership of 50 percent or more of the voting shares of, or
general partnership in, an entity; any relationship which gives one person the ability in fact or law to direct what the
other does; or any relationship which gives one person express or implied authority to determine the manner in which
coal at different sites will be mined, handled, sold or disposed of.
(3) Notwithstanding the provisions of paragraph (b)(2) of this section, the regulatory authority may determine, in
accordance with the procedures applicable to requests for determination of exemption pursuant to paragraph of this
section, that two or more surface coal mining operations shall not be deemed related if, considering the history and
circumstances relating to the coal, its location, the operations at the sites in question, all related operations and all
persons mentioned in paragraph (b)(2)(ii) of this section, the regulatory authority concludes in writing that the
operations are not of the type which the Act was intended to regulate and that there is no intention on the part of such
operations or persons to evade the requirements of the Act or the applicable regulatory program.
(4) The exemption provided by paragraph (b) of this section applies only to operations with an affected area of less
than two acres where coal is being extracted for commercial purposes and to surface coal mining operations within that
affected area incidental to such operations.
(c) The regulatory authority may on its own initiative and shall, within a reasonable time of a request from any person
who intends to conduct surface coal mining operations, make a written determination whether the operation is exempt
under this section. The regulatory authority shall give reasonable notice of the request to interested persons. Prior to the
time a determination is made, any person may submit, and the regulatory authority shall consider, any written
information relevant to the determination. A person requesting that an operation be declared exempt shall have the
burden of establishing the exemption. If a written determination of exemption is reversed through subsequent
administrative or judicial action, any person who, in good faith, has made a complete and accurate request for an
exemption and relied upon the determination, shall not be cited for violations which occurred prior to the date of the
reversal.
(d)(1) A regulatory authority may terminate its jurisdiction under the regulatory program over the reclaimed site of a
completed surface coal mining and reclamation operation, or increment thereof, when:
(i) The regulatory authority determines in writing that under the initial program, all requirements imposed under
subchapter B of this chapter have been successfully completed; or
(ii) The regulatory authority determines in writing that under the permanent program, all requirements imposed under
the applicable regulatory program have been successfully completed or, where a performance bond was required, the
regulatory authority has made a final decision in accordance with the State or Federal program counterpart to part 800 of
this chapter to release the performance bond fully.
(2) Following a termination under paragraph (d)(1) of this section, the regulatory authority shall reassert jurisdiction
under the regulatory program over a site if it is demonstrated that the bond release or written determination referred to in
paragraph (d)(1) of this section was based upon fraud, collusion, or misrepresentation of a material fact.
[47 FR 33431, July 2, 1982, as amended at 48 FR 40634, Sept. 8, 1983; 48 FR 44779, Sept. 30, 1983; 49 FR 38477,
Sept. 28, 1984; 53 FR 44363, Nov. 2, 1988; 54 FR 52120, 54 FR 52120, Dec. 20, 1989]
30 CFR Sec. 700.12 Petitions to initiate rulemaking.
(a) Any person may petition the Director to initiate a proceeding for the issuance, amendment, or repeal of any
regulation under the Act. The petition shall be submitted to the Office of the Director, Office of Surface Mining
Reclamation and Enforcement, Department of the Interior, Washington, DC 20240.
(b) The petition shall be a concise statement of the facts, technical justification, and law which require issuance,
amendment, or repeal of a regulation under the Act and shall indicate whether the petitioner desires a public hearing.
(c) Upon receipt of the petition, the Director shall determine if the petition sets forth facts, technical justification and
law which may provide a reasonable basis for issuance, amendment or repeal of a regulation. Facts, technical
justification or law previously considered in a petition or rulemaking on the same issue shall not provide a reasonable
basis. If the Director determines that the petition has a reasonable basis, a notice shall be published in the Federal
Register seeking comments from the public on the proposed change. The Director may hold a public hearing, may
conduct an investigation or take other action to determine whether the petition should be granted.
(d) Within 90 days from receipt of the petition, the Director shall issue a written decision either granting or denying
the petition. The Director's decision shall constitute the final decision for the Department.
(1) If the petition is granted, the Director shall initiate a rulemaking proceeding.
(2) If the petition is denied, the Director shall notify the petitioner in writing, setting forth the reasons for denial.
30 CFR Sec. 700.13 Notice of citizen suits.
(a) A person who intends to initiate a civil action on his or her own behalf under section 520 of the Act shall give
notice of intent to do so, in accordance with this section.
(b) Notice shall be given by certified mail to the Secretary and the Director in all cases and to the head of the State
regulatory authority, if a complaint involves or relates to a specific State. A copy of the notice shall be sent by first class
mail to the Regional Director, if the complaint involves or relates to surface coal mining and reclamation operations in a
specific region of the Office.
(c) Notice shall be given by certified mail to the alleged violator, if the complaint alleges a violation of the Act or any
regulation, order, or permit issued under the Act.
(d) Service of notice under this section is complete upon mailing to the last known address of the person being
notified.
(e) A person giving notice regarding an alleged violation shall state, to the extent known--
(1) Sufficient information to identify the provision of the Act, regulation, order, or permit allegedly violated;
(2) The act or omission alleged to constitute a violation;
(3) The name, address, and telephone numbers of the person or persons responsible for the alleged violation;
(4) The date, time, and location of the alleged violation;
(5) The name, address, and telephone number of the person giving notice; and
(6) The name, address, and telephone number of legal counsel, if any, of the person giving notice.
(f) A person giving notice of an alleged failure by the Secretary or a State regulatory authority to perform a mandatory
act or duty under the Act shall state, to the extent known:
(1) The provision of the Act containing the mandatory act or duty allegedly not performed;
(2) Sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty
under the Act;
(3) The name, address, and telephone number of the person giving notice; and
(4) The name, address, and telephone number of legal counsel, if any, of the person giving notice.
30 CFR Sec. 700.14 Availability of records.
(a) Records required by the Act to be made available locally to the public shall be retained at the geographically
closest office of the State or Federal regulatory authority having jurisdiction over the area involved.
(b) Other records or documents in the possession of the Office may be requested under 43 CFR part 2, which
implements the Freedom of Information Act and the Privacy Act.
30 CFR Sec. 700.15 Computation of time.
(a) Except as otherwise provided, computation of time under this chapter is based on calendar days.
(b) In computing any period of prescribed time, the day on which the designated period of time begins is not included.
The last day of the period is included unless it is a Saturday, Sunday, or legal holiday on which the regulatory authority
is not open for business, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or
legal holiday.
(c) Intermediate Saturdays, Sundays, and legal holidays are excluded from the computation when the period of
prescribed time is 7 days or less.
SUBCHAPTER A GENERAL
30 CFR PART 701 PERMANENT REGULATORY PROGRAM
30 CFR Sec.
701.1 Scope
701.2 Objective
701.3 Authority
701.4 Responsibility
701.5 Definitions
701.11 Applicability
AUTHORITY: 30 U.S.C. 1207 et seq., as amended; Pub. L. 100-34;and Pub. L. 102-486.
SOURCE: 44 FR 15313, Mar. 13, 1979, unless otherwise noted.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 700-890, 3/13/79 - 7/1/02".]
30 CFR Sec. 701.1 Scope.
(a) This part provides general introductory material for the permanent regulatory program required by the Act.
(b) The following regulations apply to the permanent regulatory program:
(1) Subchapter C on State program application, approval, withdrawal, and grants, and Federal program
implementation;
(2) Subchapter D on surface coal mining and reclamation operations on Federal lands;
(3) Subchapter E on surface coal mining and reclamation operations on Indian lands.
(4) Subchapter F on criteria for designating lands unsuitable for surface coal mining operations and the process for
designating these lands or withdrawing the designation by the regulatory authority; Provided, That, part 761 is
applicable during the initial regulatory program under subchapter B of this chapter and 30 CFR part 211 1 and that part
769 and other parts incorporated therein are applicable to the initial Federal lands program under 30 CFR part 211; n1
n1 Editorial Note: 30 CFR part 211 was redesignated as 43 CFR part 3480 at 48 FR 41589, Sept. 16, 1983.
(5) Subchapter G on the process for application, approval, denial, revision, and renewal of permits for surface coal
mining and reclamation operations, including the small operator assistance program, requirements for special categories
of these operations, and requirements for coal exploration;
(6) Subchapter J on public liability insurance and performance bonds or other assurances of performance for surface
coal mining and reclamation operations;
(7) Subchapter K on performance standards which apply to coal exploration, surface coal mining and reclamation
operations, and special categories of these operations;
(8) Subchapter L on inspection and enforcement responsibilities and civil penalties; and
(9) Subchapter M on the training, examination, and certification of blasters.
[44 FR 15316, Mar. 13, 1979; 44 FR 49685, Aug. 24, 1979, as amended at 44 FR 77445, Dec. 31, 1979; 49 FR 38477,
Sept. 28, 1984]
30 CFR Sec. 701.2 Objective.
The regulations in this part give--
(a) A general overview of the regulatory program to be implemented by the State or Federal regulatory authority;
(b) The applicability of that program to coal exploration and surface coal mining and reclamation operations; and
(c) The definitions that apply to the regulation of coal exploration and surface coal mining and reclamation
operations.
30 CFR Sec. 701.3 Authority.
The Secretary is required by section 501(b) of the Act to promulgate regulations which establish the permanent
regulatory program; by section 523 of the Act to promulgate regulations which establish the Federal lands programs; and
is authorized by section 710 of the Act to promulgate regulations which establish a Federal program for Indian lands.
[49 FR 38477, Sept. 28, 1984]
30 CFR Sec. 701.4 Responsibility.
(a) A State regulatory authority shall assume primary responsibility for regulation of coal exploration and surface coal
mining and reclamation operations during the permanent regulatory program upon submission to and approval by the
Secretary of a State program meeting all applicable requirements of the Act and this chapter. After approval of the State
program, the State regulatory authority has responsibility for review of and decisions on permits and bonding for surface
coal mining and reclamation operations, approval of coal exploration which substantially disturbs the natural land
surface and removes more than 250 tons of coal from the earth in any one location, inspection of coal exploration and
surface coal mining and reclamation operations for compliance with the Act, this chapter, the State program, permits and
exploration approvals, and for enforcement of the State program.
(b) While a State regulatory program is in effect, the Office's responsibility includes, but is not limited to --
(1) Evaluating the administration of the State program through such means as periodic inspections of coal exploration
and surface coal mining and reclamation operations in the State and review of exploration approvals, permits, inspection
reports, and other documents required to be made available to the Office;
(2) Referring to the State regulatory authority information which creates reasonable belief that a person is in violation
of the Act, this chapter, the State regulatory program, a permit condition, or coal exploration approval condition, and
initiating an inspection when authorized by the Act or this chapter;
(3) Issuing notices of violation when a State regulatory authority fails to take appropriate action to cause a violation to
be corrected; and
(4) Issuing cessation orders, including imposing affirmative obligations, when a condition, practice, or violation exists
which creates an imminent danger to the health or safety of the public, or is causing or could reasonably be expected to
cause significant, imminent environmental harm to land, air, or water resources.
(c) The Office shall implement a Federal program in a State, if that State does not have an approved State program by
June 3, 1980. The Office shall not implement a Federal program in a State for a period of up to 1 year following that
date if the State's failure to have an approved program by that date is due to an injunction imposed by a court of
competent jurisdiction.
(d) Under a Federal program, the Office shall be the regulatory authority for all coal exploration and surface coal
mining and reclamation operations in that State and shall perform the functions that a State regulatory authority would
perform under an approved State program.
(e) During the period in which a State program is in effect, the Office shall assume responsibility for enforcing permit
conditions, issuing new or revised permits, and issuing necessary notices and orders, when required by 30 CFR part 733.
(f) The Secretary shall substitute a Federal program under 30 CFR part 736 for an approved State program, when
required by 30 CFR part 733.
(g) The Secretary shall have the responsibility for administration of the Federal lands program. The Director and other
Federal authorities shall have the responsibilities under a Federal lands program as are provided for under subchapter D
of this chapter. In addition, State regulatory authorities shall have responsibilities to administer the Federal lands
program as provided for under cooperative agreements approved by the Secretary in accordance with 30 CFR part 745.
(h) The Secretary shall have the responsibility for the administration of the Federal program for Indian lands, as
provided for under subchapter E of this chapter. The Director and other Federal authorities have the responsibilities
under the Indian lands program as are provided for under subchapter E of this chapter.
[44 FR 15316, Mar. 13, 1979, as amended at 49 FR 38477, Sept. 28, 1984]
30 CFR Sec. 701.5 Definitions.
As used in this chapter, the following terms have the specified meanings, except where otherwise indicated:
ACID DRAINAGE means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity,
discharged from an active, inactive or abandoned surface coal mine and reclamation operation or from an area affected
by surface coal mining and reclamation operations.
ACID-FORMING MATERIALS means earth materials that contain sulfide minerals or other materials which, if
exposed to air, water, or weathering processes, form acids that may create acid drainage.
ADJACENT AREA means the area outside the permit area where a resource or resources, determined according to the
context in which adjacent area is used, are or reasonably could be expected to be adversely impacted by proposed
mining operations, including probable impacts from underground workings.
ADMINISTRATIVELY COMPLETE APPLICATION means an application for permit approval or approval for coal
exploration where required, which the regulatory authority determines to contain information addressing each
application requirement of the regulatory program and to contain all information necessary to initiate processing and
public review.
[See Editorial Note below.] Affected area means any land or water surface area which is used to facilitate, or is
physically altered by, surface coal mining and reclamation operations. The affected area includes the disturbed area; any
area upon which surface coal mining and reclamation operations are conducted; any adjacent lands the use of which is
incidental to surface coal mining and reclamation operations; all areas covered by new or existing roads used to gain
access to, or for hauling coal to or from, surface coal mining and reclamation operations, except as provided in this
definition; any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways,
refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas,
storage areas, shipping areas; any areas upon which are sited structures, facilities, or other property material on the
surface resulting from, or incident to, surface coal mining and reclamation operations; and the area located above
underground workings. The affected area shall include every road used for purposes of access to, or for hauling coal to
or from, surface coal mining and reclamation operations, unless the road (a) was designated as a public road pursuant to
the laws of the jurisdiction in which it is located; (b) is maintained with public funds, and constructed, in a manner
similar to other public roads of the same classification within the jurisdiction; and there is substantial (more than
incidental) public use.
AGRICULTURAL ACTIVITIES means, with respect to alluvial valley floors, the use of any tract of land for the
production of animal or vegetable life, based on regional agricultural practices, where the use is enhanced or facilitated
by subirrigation or flood irrigation. These uses include, but are not limited to, farming and the pasturing or grazing of
livestock. These uses do not include agricultural activities which have no relationship to the availability of water from
subirrigation or flood irrigation practices.
AGRICULTURAL USE means the use of any tract of land for the production of animal or vegetable life. The uses
include, but are not limited to, the pasturing, grazing, and watering of livestock, and the cropping, cultivation, and
harvesting of plants.
ALLUVIAL VALLEY FLOORS means the unconsolidated stream-laid deposits holding streams with water availability
sufficient for subirrigation or flood irrigation agricultural activities but does not include upland areas which are generally
overlain by a thin veneer of colluvial deposits composed chiefly of debris from sheet erosion, deposits formed by
unconcentrated runoff or slope wash, together with talus, or other mass-movement accumulations, and windblown
deposits.
APPLICANT means any person seeking a permit, permit revision, renewal, and transfer, assignment, or sale of permit
rights from a regulatory authority to conduct surface coal mining and reclamation operations or, where required, seeking
approval for coal exploration.
APPLICANT/VIOLATOR SYSTEM or AVS means an automated information system of applicant, permittee, operator,
violation and related data OSM maintains to assist in implementing the Act.
APPLICATION means the documents and other information filed with the regulatory authority under this chapter for
the issuance of permits; revisions; renewals; and transfer, assignment, or sale of permit rights for surface coal mining
and reclamation operations or, where required, for coal exploration.
APPROXIMATE ORIGINAL CONTOUR means that surface configuration achieved by backfilling and grading of the
mined areas so that the reclaimed area, including any terracing or access roads, closely resembles the general surface
configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding
terrain, with all highwalls, spoil piles and coal refuse piles eliminated. Permanent water impoundments may be permitted
where the regulatory authority has determined that they comply with 30 CFR 816.49 and 816.56, 816.133 or 817.49,
817.56, and 817.133.
AQUIFER means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a
specific use.
ARID and SEMIARID AREA means, in the context of alluvial valley floors, an area of the interior western United
States, west of the 100th meridian west longitude, experiencing water deficits, where water use by native vegetation
equals or exceeds that supplied by precipitation. All coalfields located in North Dakota west of the 100th meridian west
longitude, all coalfields in Montana, Wyoming, Utah, Colorado, New Mexico, Idaho, Nevada, and Arizona, the Eagle
Pass field in Texas, and the Stone Canyon and the Ione fields in California are in arid and semiarid areas.
AUGER MINING means a method of mining coal at a cliff or highwall by drilling holes into an exposed coal seam
from the highwall and transporting the coal along an auger bit to the surface.
BEST TECHNOLOGY CURRENTLY AVAILABLE means equipment, devices, systems, methods, or techniques
which will (a) prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff
outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by
applicable State or Federal laws; and (b) minimize, to the extent possible, disturbances and adverse impacts on fish,
wildlife and related environmental values, and achieve enhancement of those resources where practicable. The term
includes equipment, devices, systems, methods, or techniques which are currently available anywhere as determined by
the Director, even if they are not in routine use. The term includes, but is not limited to, construction practices, siting
requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities and
design of sedimentation ponds in accordance with 30 CFR parts 816 and 817. Within the constraints of the permanent
program, the regulatory authority shall have the discretion to determine the best technology currently available on a
case-by-case basis, as authorized by the Act and this chapter.
COAL EXPLORATION means the field gathering of: (a) surface or subsurface geologic, physical, or chemical data by
mapping, trenching, drilling, geophysical, or other techniques necessary to determine the quality and quantity of
overburden and coal of an area; or (b) the gathering of environmental data to establish the conditions of an area before
beginning surface coal mining and reclamation operations under the requirements of this chapter.
COAL MINE WASTE means coal processing waste and underground development waste.
COAL PREPARATION means chemical or physical processing and the cleaning, concentrating, or other processing or
preparation of coal.
COAL PREPARATION PLANT means a facility where coal is subjected to chemical or physical processing or
cleaning, concentrating, or other processing or preparation. It includes facilities associated with coal preparation
activities, including, but not limited to the following: loading facilities; storage and stockpile facilities; sheds; shops, and
other buildings; water-treatment and water-storage facilities; settling basins and impoundments; and coal processing and
other waste disposal areas.
COAL PROCESSING WASTE means earth materials which are separated and wasted from the product coal during
cleaning, concentrating, or other processing or preparation of coal.
COMBUSTIBLE MATERIAL means organic material that is capable of burning, either by fire or through oxidation,
accompanied by the evolution of heat and a significant temperature rise.
COMPACTION MEANS increasing the density of a material by reducing the voids between the particles and is
generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel,
track, or roller loads from heavy equipment.
COMPLETE AND ACCURATE APPLICATION means an application for permit approval or approval for coal
exploration where required, which the regulatory authority determines to contain all information required under the Act,
this subchapter, and the regulatory program that is necessary to make a decision on permit issuance.
CONTROL or CONTROLLER, when used in parts 773, 774, and 778 and Sec. 843.21 of this chapter, refers to or
means --
(1) A permittee of a surface coal mining operation;
(2) An operator of a surface coal mining operation;
(3) A general partner in a partnership;
(4) A person who has the ability to, directly or indirectly, commit the financial or real property assets or working
resources of an applicant, a permittee, or an operator; or
(5) Any other person who has the ability, alone or in concert with others, to determine, indirectly or directly, the
manner in which a surface coal mining operation is conducted. Examples of persons who may, but do not necessarily,
meet this criterion include --
(i) The president, an officer, a director (or a person performing functions similar to a director), or an agent of an
entity;
(ii) A partner in a partnership, or a participant, member, or manager of a limited liability company;
(iii) A person who owns between 10 and 50 percent of the voting securities or other forms of ownership of an entity,
depending upon the relative percentage of ownership compared to the percentage of ownership by other persons,
whether a person is the greatest single owner, or whether there is an opposing voting bloc of greater ownership;
(iv) An entity with officers or directors in common with another entity, depending upon the extent of overlap;
(v) A person who owns or controls the coal mined or to be mined by another person through lease, assignment, or
other agreement and who also has the right to receive or direct delivery of the coal after mining; and
(vi) A person who contributes capital or other working resources under conditions that allow that person to
substantially influence the manner in which a surface coal mining operation is or will be conducted. Relevant
contributions of capital or working resources include, but are not limited to --
(A) Providing mining equipment in exchange for the coal to be extracted;
(B) Providing the capital necessary to conduct a surface coal mining operation when that person also directs the
disposition of the coal; or
(C) Personally guaranteeing the reclamation bond in anticipation of a future profit or loss from a surface coal mining
operation.
CROPLAND means land used for the production of adapted crops for harvest, alone or in a rotation with grasses and
legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty
crops.
CUMULATIVE IMPACT AREA means the area, including the permit area, within which impacts resulting from the
proposed operation may interact with the impacts of all anticipated mining on surface- and ground-water systems.
Anticipated mining shall include, at a minimum, the entire projected lives through bond releases of: (a) The proposed
operation, (b) all existing operations, (c) any operation for which a permit application has been submitted to the
regulatory authority, and (d) all operations required to meet diligent development requirements for leased Federal coal
for which there is actual mine development information available.
DISTURBED AREA means an area where vegetation, topsoil, or overburden is removed or upon which topsoil, spoil,
coal processing waste, underground development waste, or noncoal waste is placed by surface coal mining operations.
Those areas are classified as disturbed until reclamation is complete and the performance bond or other assurance of
performance required by subchapter J of this chapter is released.
DIVERSION means a channel, embankment, or other manmade structure constructed to divert water from one area to
another.
DOWNSLOPE means the land surface between the projected outcrop of the lowest coalbed being mined along each
highwall and a valley floor.
DRINKING, DOMESTIC OR RESIDENTIAL WATER SUPPLY means water received from a well or spring and any
appurtenant delivery system that provides water for direct human consumption or household use. Wells and springs that
serve only agricultural, commercial or industrial enterprises are not included except to the extent the water supply is for
direct human consumption or human sanitation, or domestic use.
EMBANKMENT means an artificial deposit of material that is raised above the natural surface of the land and used to
contain, divert, or store water, support roads or railways, or for other similar purposes.
EPHEMERAL STREAM means a stream which flows only in direct response to precipitation in the immediate
watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above
the local water table.
ESSENTIAL HYDROLOGIC FUNCTIONS means the role of an alluvial valley floor in collecting, storing, regulating,
and making the natural flow of surface or ground water, or both, usefully available for agricultural activities by reason of
the valley floor's topographic position, the landscape, and the physical properties of its underlying materials. A
combination of these functions provides a water supply during extended periods of low precipitation.
EXCESS SPOIL means spoil material disposed of in a location other than the mined-out area; provided that spoil
material used to achieve the approximate original contour or to blend the mined-out area with the surrounding terrain in
accordance with Secs. 816.102(d) and 817.102(d) of this chapter in non-steep slope areas shall not be considered excess
spoil.
EXISTING STRUCTURE means a structure or facility used in connection with or to facilitate surface coal mining and
reclamation operations for which construction begins prior to the approval of a State program or implementation of a
Federal program or Federal lands program, whichever occurs first.
FARMING means, with respect to alluvial valley floors, the primary use of those areas for the cultivation, cropping or
harvesting of plants which benefit from irrigation, or natural subirrigation, that results from the increased moisture
content in the alluvium of the valley floors. For purposes of this definition, harvesting does not include the grazing of
livestock.
FEDERAL PROGRAM means a program established by the Secretary pursuant to section 504 of the Act to regulate
coal exploration and surface coal mining and reclamation operations on non-Federal and non-Indian lands within a State
in accordance with the Act and this chapter.
(a) Complete Federal program means a program established by the Secretary pursuant to section 504 of the Act before
June 3, 1980, or upon the complete withdrawal of a State program after June 3, 1980, by which the Director regulates all
coal exploration and surface coal mining and reclamation operations.
(b) Partial Federal program means a program established by the Secretary pursuant to sections 102, 201 and 504 of
the Act upon the partial withdrawal of a State program, by which the Director may regulate appropriate portions of coal
exploration and surface coal mining and reclamation operations.
FLOOD IRRIGATION means, with respect to alluvial valley floors, supplying water to plants by natural overflow or
the diversion of flows, so that the irrigated surface is largely covered by a sheet of water.
FUGITIVE DUST means that particulate matter not emitted from a duct or stack which becomes airborne due to the
forces of wind or surface coal mining and reclamation operations or both. During surface coal mining and reclamation
operations it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles;
reclamation operations; and other activities in which material is either removed, stored, transported, or redistributed.
GRAVITY DISCHARGE means, with respect to underground mining activities, mine drainage that flows freely in an
open channel downgradient. Mine drainage that occurs as a result of flooding a mine to the level of the discharge is not
gravity discharge.
GROUND COVER means the area of ground covered by the combined aerial parts of vegetation and the litter that is
produced naturally onsite, expressed as a percentage of the total area of measurement.
GROUND WATER means subsurface water that fills available openings in rock or soil materials to the extent that they
are considered water saturated.
HALF-SHRUB means a perennial plant with a woody base whose annually produced stems die back each year.
HEAD-OF-HOLLOW FILL means a fill structure consisting of any material, other than organic material, placed in the
uppermost reaches of a hollow where side slopes of the existing hollow, measured at the steepest point, are greater than
20 degrees or the average slope of the profile of the hollow from the toe of the fill to the top of the fill is greater than 10
degrees. In head-of-hollow fills the top surface of the fill, when completed, is at approximately the same elevation as the
adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area.
HIGHER OR BETTER USES means postmining land uses that have a higher economic value or nonmonetary benefit
to the landowner or the community than the premining land uses.
HIGHWALL means the face of exposed overburden and coal in an open cut of a surface coal mining activity or for
entry to underground mining activities.
HIGHWALL REMNANT means that portion of highwall that remains after backfilling and grading of a remining
permit area.
HISTORICALLY USED FOR CROPLAND means (a) lands that have been used for cropland for any 5 years or more
out of the 10 years immediately preceding the acquisition, including purchase, lease, or option, of the land for the
purpose of conducting or allowing through resale, lease or option the conduct of surface coal mining and reclamation
operations; (b) lands that the regulatory authority determines, on the basis of additional cropland history of the
surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific
5-years-in-10 criterion, in which case the regulations for prime farmland may be applied to include more years of
cropland history only to increase the prime farmland acreage to be preserved; or (c) lands that would likely have been
used as cropland for any 5 out of the last 10 years, immediately preceding such acquisition but for the same fact of
ownership or control of the land unrelated to the productivity of the land.
HYDROLOGIC BALANCE means the relationship between the quality and quantity of water inflow to, water outflow
from, and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It
encompasses the dynamic relationships among precipitation, runoff, evaporation, and changes in ground and surface
water storage.
HYDROLOGIC REGIME means the entire state of water movement in a given area. It is a function of the climate and
includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls
as precipitation, moves along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation
and transpiration.
IMMINENT DANGER TO THE HEALTH AND SAFETY OF THE PUBLIC means the existence of any condition or
practice, or any violation of a permit or other requirements of the Act in a surface coal mining and reclamation
operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area
before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before
abatement exists if a rational person, subjected to the same condition or practice giving rise to the peril, would avoid
exposure to the danger during the time necessary for abatement.
IMPOUNDING STRUCTURE means a dam, embankment or other structure used to impound water, slurry, or other
liquid or semi-liquid material.
Impoundments means all water, sediment, slurry or other liquid or semi-liquid holding structures and depressions,
either naturally formed or artificially built.
IN SITU PROCESSES means activities conducted on the surface or underground in connection with in-place
distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to,
in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining.
INTERMITTENT STREAM means --
(a) A stream or reach of a stream that drains a watershed of at least one square mile, or
(b) A stream or reach of a stream that is below the local water table for at least some part of the year, and obtains its
flow from both surface runoff and ground water discharge.
IRREPARABLE DAMAGE TO THE ENVIRONMENT means any damage to the environment, in violation of the Act,
the regulatory program, or this chapter, that cannot be corrected by actions of the applicant.
KNOWING or KNOWINGLY means that a person who authorized, ordered, or carried out an act or omission knew or
had reason to know that the act or omission would result in either a violation or a failure to abate or correct a violation.
LAND USE means specific uses or management-related activities, rather than the vegetation or cover of the land.
Land uses may be identified in combination when joint or seasonal uses occur and may include land used for support
facilities that are an integral part of the use. Changes of land use from one of the following categories to another shall be
considered as a change to an alternative land use which is subject to approval by the regulatory authority.
(a) CROPLAND. Land used for the production of adapted crops for harvest, alone or in rotation with grasses and
legumes, that include row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar crops.
(b) PASTURELAND or land occasionally cut for hay. Land used primarily for the long-term production of adapted,
domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed.
(c) GRAZINGLAND. Land used for grasslands and forest lands where the indigenous vegetation is actively managed
for grazing, browsing, or occasional hay production.
(d) FORESTRY. Land used or managed for the long-term production of wood, wood fiber, or wood-derived products.
(e) RESIDENTIAL. Land used for single-and multiple-family housing, mobile home parks, or other residential
lodgings.
(f) INDUSTRIAL/COMMERCIAl. Land used for --
(1) Extraction or transformation of materials for fabrication of products, wholesaling of products, or long-term storage
of products. This includes all heavy and light manufacturing facilities.
(2) Retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial
establishments.
(g) RECREATION. Land used for public or private leisure-time activities, including developed recreation facilities
such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing, and other
undeveloped recreational uses.
(h) FISH AND WILDLIFE HABITAT. Land dedicated wholly or partially to the production, protection, or
management of species of fish or wildlife.
(i) DEVELOPED WATER RESOURCES. Land used for storing water for beneficial uses, such as stockponds,
irrigation, fire protection, flood control, and water supply.
(j) UNDEVELOPED LAND or no current use or land management. Land that is undeveloped or, if previously
developed, land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest
through natural succession.
LANDS ELIGIBLE FOR REMINING means those lands that would otherwise be eligible for expenditures under
section 404 or under section 402(g)(4) of the Act.
MATERIAL DAMAGE, in the context of Secs. 784.20 and 817.121 of this chapter, means:
(a) Any functional impairment of surface lands, features, structures or facilities;
(b) Any physical change that has a significant adverse impact on the affected land's capability to support any current
or reasonably foreseeable uses or causes significant loss in production or income; or
(c) Any significant change in the condition, appearance or utility of any structure or facility from its pre-subsidence
condition.
MATERIALLY DAMAGE THE QUANTITY OR QUALITY OF WATER means, with respect to alluvial valley floors, to
degrade or reduce by surface coal mining and reclamation operations the water quantity or quality supplied to the
alluvial valley floor to the extent that resulting changes would signficantly decrease the capability of the alluvial valley
floor to support farming.
MSHA means the Mine Safety and Health Administration.
MOIST BULK density means the weight of soil (oven dry) per unit volume. Volume is measured when the soil is at
field moisture capacity (1/3 bar moisture tension). Weight is determined after drying the soil at 105 [degrees]C.
MULCH means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture
conservation, thus providing micro-climatic conditions suitable for germination and growth.
NON-COMMERCIAL BUILDING means any building, other than an occupied residential dwelling, that, at the time
the subsidence occurs, is used on a regular or temporary basis as a public building or community or institutional building
as those terms are defined in Sec. 761.5 of this chapter. Any building used only for commercial agricultural, industrial,
retail or other commercial enterprises is excluded.
NOXIOUS PLANTS means species that have been included on official State lists of noxious plants for the State in
which the surface coal mining and reclamation operation occurs.
OCCUPIED RESIDENTIAL DWELLING AND STRUCTURES RELATED THERETO means, for purposes of Secs.
784.20 and 817.121, any building or other structure that, at the time the subsidence occurs, is used either temporarily,
occasionally, seasonally, or permanently for human habitation. This term also includes any building, structure or facility
installed on, above or below, or a combination thereof, the land surface if that building, structure or facility is adjunct to
or used in connection with an occupied residential dwelling. Examples of such structures include, but are not limited to,
garages; storage sheds and barns; greenhouses and related buildings; utilities and cables; fences and other enclosures;
retaining walls; paved or improved patios, walks and driveways; septic sewage treatment facilities; and lot drainage and
lawn and garden irrigation systems. Any structure used only for commercial agricultural, industrial, retail or other
commercial purposes is excluded.
OPERATOR means any person engaged in coal mining who removes or intends to remove more than 250 tons of coal
from the earth or from coal refuse piles by mining within 12 consecutive calendar months in any one location.
OTHER TREATMENT FACILITIES mean any chemical treatments, such as flocculation or neutralization, or
mechanical structures, such as clarifies or precipitators, that have a point source discharge and are utilized:
(a) To prevent additional contributions of dissolved or suspended solids to streamflow or runoff outside the permit
area, or
(b) To comply with all applicable State and Federal water-quality laws and regulations.
Outslope means the face of the spoil or embankment sloping downward from the highest elevation to the toe.
OVERBURDEN means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding
topsoil.
OWN, OWNER, or OWNERSHIP, as used in parts 773, 774, and 778 and Sec. 843.21 of this chapter (except when
used in the context of ownership of real property), means being a sole proprietor or possessing or controlling in excess
of 50 percent of the voting securities or other instruments of ownership of an entity.
PERENNIAL STREAM means a stream or part of a stream that flows continuously during all of the calendar year as a
result of ground-water discharge or surface runoff. The term does not include intermittent stream or ephemeral stream.
PERFORMANCE BOND means a surety bond, collateral bond or self-bond or a combination thereof, by which a
permittee assures faithful performance of all the requirements of the Act, this chapter, a State, Federal or Federal lands
program, and the requirements of the permit and reclamation plan.
PERMANENT DIVERSION means a diversion remaining after surface coal mining and reclamation operations are
completed which has been approved for retention by the regulatory authority and other appropriate State and Federal
agencies.
PERMANENT IMPOUNDMENT means an impoundment which is approved by the regulatory authority and, if
required, by other State and Federal agencies for retention as part of the postmining land use.
PERMIT means a permit to conduct surface coal mining and reclamation operations issued by the State regulatory
authority pursuant to a State program or by the Secretary pursuant to a Federal program. For purposes of the Federal
lands program, permit means a permit issued by the State regulatory authority under a cooperative agreement or by OSM
where there is no cooperative agreement.
PERMIT AREA means the area of land, indicated on the approved map submitted by the operator with his or her
application, required to be covered by the operator's performance bond under subchapter J of this chapter and which
shall include the area of land upon which the operator proposes to conduct surface coal mining and reclamation
operations under the permit, including all disturbed areas; provided that areas adequately bonded under another valid
permit may be excluded from the permit area.
PERMITTEE means a person holding or required by the Act or this chapter to hold a permit to conduct surface coal
mining and reclamation operations issued by a State regulatory authority pursuant to a State program, by the Director
pursuant to a Federal program, by the Director pursuant to a Federal lands program, or, where a cooperative agreement
pursuant to section 523 of the Act has been executed, by the Director and the State regulatory authority.
PRECIPITATION EVENT means a quantity of water resulting from drizzle, rain, snow, sleet, or hail in a limited
period of time. It may be expressed in terms of recurrence interval. As used in these regulations, precipitation event also
includes that quantity of water emanating from snow cover as snowmelt in a limited period of time.
PREVIOUSLY MINED AREA means land affected by surface coal mining operations prior to August 3, 1977, that has
not been reclaimed to the standards of 30 CFR chapter VII.
PRIME FARMLAND means those lands which are defined by the Secretary of Agriculture in 7 CFR part 657
(FEDERAL REGISTER Vol. 4 No. 21) and which have historically been used for cropland as that phrase is defined
above.
PRINCIPAL SHAREHOLDER means any person who is the record or beneficial owner of 10 percent or more of any
class of voting stock.
PROPERTY TO BE MINED means both the surface estates and mineral estates within the permit area and the area
covered by underground workings.
RANGELAND means land on which the natural potential (climax) plant cover is principally native grasses, forbs, and
shrubs valuable for forage. This land includes natural grasslands and savannahs, such as prairies, and juniper savannahs,
such as brushlands. Except for brush control, management is primarily achieved by regulating the intensity of grazing
and season of use.
REASONABLY AVAILABLE SPOIL means spoil and suitable coal mine waste material generated by the remining
operation or other spoil or suitable coal mine waste material located in the permit area that is accessible and available
for use and that when rehandled will not cause a hazard to public safety or significant damage to the environment.
RECHARGE CAPACITY means the ability of the soils and underlying materials to allow precipitation and runoff to
infiltrate and reach the zone of saturation.
RECLAMATION means those actions taken to restore mined land as required by this chapter to a postmining land use
approved by the regulatory authority.
RECURRENCE INTERVAL means the interval of time in which a precipitation event is expected to occur once, on the
average. For example, the 10-year 24-hour precipitation event would be that 24-hour precipitation event expected to
occur on the average once in 10 years.
Reference area means a land unit maintained under appropriate management for the purpose of measuring vegetation
ground cover, productivity and plant species diversity that are produced naturally or by crop production methods
approved by the regulatory authority. Reference areas must be representative of geology, soil, slope, and vegetation in
the permit area.
REFUSE PILE means a surface deposit of coal mine waste that does not impound water, slurry, or other liquid or
semi-liquid material.
REMINING means conducting surface coal mining and reclamation operations which affect previously mined areas.
RENEWABLE RESOURCE LANDS means aquifers and areas for the recharge of aquifers and other underground
waters, areas for agricultural or silvicultural production of food and fiber, and grazinglands.
REPLACEMENT OF WATER SUPPLY means, with respect to protected water supplies contaminated, diminished, or
interrupted by coal mining operations, provision of water supply on both a temporary and permanent basis equivalent to
premining quantity and quality. Replacement includes provision of an equivalent water delivery system and payment of
operation and maintenance costs in excess of customary and reasonable delivery costs for premining water supplies.
(a) Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and
maintenance costs may be satisfied by a one-time payment in an amount which covers the present worth of the increased
annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner.
(b) If the affected water supply was not needed for the land use in existence at the time of loss, contamination, or
diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be
satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If the
latter approach is selected, written concurrence must be obtained from the water supply owner.
ROAD means a surface right-of-way for purposes of travel by land vehicles used in surface coal mining and
reclamation operations or coal exploration. A road consists of the entire area within the right-of-way, including the
roadbed, shoulders, parking and side areas, approaches, structures, ditches, and surface. The term includes access and
haulroads constructed, used, reconstructed, improved, or maintained for use in surface coal mining and reclamation
operations or coal exploration, including use by coal hauling vehicles to and from transfer, processing, or storage areas.
The term does not include ramps and routes of travel within the immediate mining area or within spoil or coal mine
waste disposal areas.
SAFETY FACTOR means the ratio of the available shear strength to the developed shear stress, or the ratio of the sum
of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.
SEDIMENTATION POND means an impoundment used to remove solids from water in order to meet water quality
standards or effluent limitations before the water leaves the permit area.
SIGNIFICANT, IMMINENT ENVIRONMENTAL HARM TO LAND, AIR OR WATER RESOURCES means --
(a) An environmental harm is an adverse impact on land, air, or water resources which resources include, but are not
limited to, plant and animal life.
(b) An environmental harm is imminent, if a condition, practice, or violation exists which --
(1) Is causing such harm; or,
(2) May reasonably be expected to cause such harm at any time before the end of the reasonable abatement time that
would be set under section 521(a)(3) of the Act.
(c) An environmental harm is significant if that harm is appreciable and not immediately reparable.
SILTATION STRUCTURE means a sedimentation pond, a series of sedimentation ponds, or other treatment facility.
SLOPE means average inclination of a surface, measured from the horizontal, generally expressed as the ratio of a
unit of vertical distance to a given number of units of horizontal distance (e.g., 1v: 5h). It may also be expressed as a
percent or in degrees.
SOIL HORIZONS means contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are
differentiated on the basis of field characteristics and laboratory data. The four master soil horizons are
(a) A HORIZON. The uppermost mineral layer, often called the surface soil. It is the part of the soil in which organic
matter is most abundant, and leaching of soluble or suspended particles is typically the greatest;
(b) E HORIZON. The layer commonly near the surface below an A horizon and above a B horizon. An E horizon is
most commonly differentiated from an overlying A horizon by lighter color and generally has measurably less organic
matter than the A horizon. An E horizon is most commonly differentiated from an underlying B horizon in the same
sequum by color of higher value or lower chroma, by coarser texture, or by a combination of theses properties;
(c) B HORIZON. The layer that typically is immediately beneath the E horizon and often called the subsoil. This
middle layer commonly contains more clay, iron, or aluminum than the A, E, or C horizons; and
(d) C HORIZON. The deepest layer of soil profile. It consists of loose material or weathered rock that is relatively
unaffected by biologic activity.
SOIL SURVEY means a field and other investigation, resulting in a map showing the geographic distribution of
different kinds of soils and an accompanying report that describes, classifies, and interprets such soils for use. Soil
surveys must meet the standards of the National Cooperative Soil Survey as incorporated by reference in 30 CFR
785.17(c)(1).
SPECIAL BITUMINOUS COAL MINES means those mines in existence on January 1, 1972, or mines adjoining or
having a common boundary with those mines for which development began after August 3, 1977, that are located in the
State of Wyoming and that are being mined or will be mined according to the following criteria:
(a) Surface mining takes place on a relatively limited site for an extended period of time. The surface opening of the
excavation is at least the full size of the excavation and has a continuous border.
(b) Excavation of the mine pit follows a coal seam that inclines 15[degrees] or more from the horizontal, and as the
excavation proceeds downward it expands laterally to maintain stability of the pitwall or as necessary to accommodate
the orderly expansion of the total mining operation.
(c) The amount of material removed from the pit is large in comparison to the surface area disturbed.
(d) There is no practicable alternative to the deep open-pit method of mining the coal.
(e) There is no practicable way to reclaim the land as required in subchapter K.
SPOIL means overburden that has been removed during surface coal mining operations.
STABILIZE means to control movement of soil, spoil piles, or areas of disturbed earth by modifying the geometry of
the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating.
STATE PROGRAM means a program established by a State and approved by the Secretary pursuant to section 503 of
the Act to regulate surface coal mining and reclamation operations on non-Indian and non-Federal lands within that
State, according to the requirements of the Act and this chapter. If a cooperative agreement under part 745 has been
entered into, a State program may apply to Federal lands, in accordance with the terms of the cooperative agreement.
STEEP SLOPE means any slope of more than 20[degrees] or such lesser slope as may be designated by the regulatory
authority after consideration of soil, climate, and other characteristics of a region or State.
SUBIRRIGATION means, with respect to alluvial valley floors, the supplying of water to plants from underneath or
from a semisaturated or saturated subsurface zone where water is available for use by vegetation.
SUBSTANTIALLY DISTURB means, for purposes of coal exploration, to significantly impact land or water resources
by blasting; by removal of vegetation, topsoil, or overburden; by construction of roads or other access routes; by
placement of excavated earth or waste material on the natural land surface or by other such activities; or to remove more
than 250 tons of coal.
SUCCESSOR IN INTEREST means any person who succeeds to rights granted under a permit, by transfer,
assignment, or sale of those rights.
SURFACE MINING ACTIVITIES means those surface coal mining and reclamation operations incident to the
extraction of coal from the earth by removing the materials over a coal seam, before recovering the coal, by auger coal
mining, or by recovery of coal from a deposit that is not in its original geologic location.
SUSPENDED SOLIDS or NONFILTERABLE RESIDUE, expressed as milligrams per liter, means organic or
inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the
procedure outlined by the Environmental Protection Agency's regulations for waste water and analyses (40 CFR part
136).
TEMPORARY DIVERSION means a diversion of a stream or overland flow which is used during coal exploration or
surface coal mining and reclamation operations and not approved by the regulatory authority to remain after reclamation
as part of the approved postmining land use.
TEMPORARY IMPOUNDMENT means an impoundment used during surface coal mining and reclamation operations,
but not approved by the regulatory authority to remain as part of the approved postmining land use.
TOPSOIL means the A and E soil horizon layers of the four master soil horizons.
TOXIC-FORMING MATERIALS means earth materials or wastes which, if acted upon by air, water, weathering, or
microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to
biota or uses of water.
TOXIC MINE DRAINAGE means water that is discharged from active or abandoned mines or other areas affected by
coal exploration or surface coal mining and reclamation operations, which contains a substance that through chemical
action or physical effects is likely to kill, injure, or impair biota commonly present in the area that might be exposed to
it.
TRANSFER, ASSIGNMENT, OR SALE OF PERMIT RIGHTS means a change in ownership or other effective control
over the right to conduct surface coal mining operations under a permit issued by the regulatory authority.
UNANTICIPATED EVENT OR CONDITION, as used in Sec. 773.13 of this chapter, means an event or condition
related to prior mining activity which arises from a surface coal mining and reclamation operation on lands eligible for
remining and was not contemplated by the applicable permit.
UNDERGROUND DEVELOPMENT WASTE means waste-rock mixtures of coal, shale, claystone, siltstone,
sandstone, limestone, or related materials that are excavated, moved, and disposed of from underground workings in
connection with underground mining activities.
UNDERGROUND MINING ACTIVITIES means a combination of --
(a) Surface operations incident to underground extraction of coal or in situ processing, such as construction, use,
maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, areas
upon which are sited support facilities including hoist and ventilating ducts, areas utilized for the disposal and storage of
waste, and areas on which materials incident to underground mining operations are placed; and
(b) Underground operations such as underground construction, operation, and reclamation of shafts, adits,
underground support facilities, in situ processing, and underground mining, hauling, storage, and blasting.
UNDEVELOPED RANGELAND means, for purposes of alluvial valley floors, lands where the use is not specifically
controlled and managed.
UPLAND AREAS means, with respect to alluvial valley floors, those geomorphic features located outside the
floodplain and terrace complex, such as isolated higher terraces, alluvial fans, pediment surfaces, landslide deposits, and
surfaces covered with residuum, mud flows or debris flows, as well as highland areas underlain by bedrock and covered
by residual weathered material or debris deposited by sheetwash, rillwash, or windblown material.
Valley fill means a fill structure consisting of any material, other than organic material, that is placed in a valley where
side slopes of the existing valley, measured at the steepest point, are greater than 20 degrees, or where the average slope
of the profile of the valley from the toe of the fill to the top of the fill is greater than 10 degrees.
VIOLATION, when used in the context of the permit application information or permit eligibility requirements of
sections 507 and 510(c) of the Act and related regulations, means --
(1) A failure to comply with an applicable provision of a Federal or State law or regulation pertaining to air or water
environmental protection, as evidenced by a written notification from a governmental entity to the responsible person; or
(2) A noncompliance for which OSM has provided one or more of the following types of notice or a State regulatory
authority has provided equivalent notice under corresponding provisions of a State regulatory program --
(i) A notice of violation under Sec. 843.12 of this chapter.
(ii) A cessation order under Sec. 843.11 of this chapter.
(iii) A final order, bill, or demand letter pertaining to a delinquent civil penalty assessed under part 845 or 846 of this
chapter.
(iv) A bill or demand letter pertaining to delinquent reclamation fees owed under part 870 of this chapter.
(v) A notice of bond forfeiture under Sec. 800.50 of this chapter when --
(A) One or more violations upon which the forfeiture was based have not been abated or corrected;
(B) The amount forfeited and collected is insufficient for full reclamation under Sec. 800.50(d)(1) of this chapter, the
regulatory authority orders reimbursement for additional reclamation costs, and the person has not complied with the
reimbursement order; or
(C) The site is covered by an alternative bonding system approved under Sec. 800.11(e) of this chapter, that system
requires reimbursement of any reclamation costs incurred by the system above those covered by any site-specific bond,
and the person has not complied with the reimbursement requirement and paid any associated penalties.
VIOLATION, FAILURE OR REFUSAL, for purposes of parts 724 and 846 of this chapter, means --
(1) A failure to comply with a condition of a Federally-issued permit or of any other permit that OSM is directly
enforcing under section 502 or 521 of the Act or the regulations implementing those sections; or
(2) A failure or refusal to comply with any order issued under section 521 of the Act, or any order incorporated in a
final decision issued by the Secretary under the Act, except an order incorporated in a decision issued under section
518(b) or section 703 of the Act.
VIOLATION NOTICE means any written notification from a regulatory authority or other governmental entity, as
specified in the definition of violation in this section.
WATER TABLE means the upper surface of a zone of saturation, where the body of ground water is not confined by
an overlying impermeable zone.
WILLFUL or WILLFULLY means that a person who authorized, ordered or carried out an act or omission that resulted
in either a violation or the failure to abate or correct a violation acted --
(1) Intentionally, voluntarily, or consciously; and
(2) With intentional disregard or plain indifference to legal requirements.
[For Federal Register citations affecting 30 CFR Sec. 701.5, see the "Listing of All Changes, Parts 700-890" section of
the OSM website.]
30 CFR Sec. 701.11 Applicability.
(a) Any person who conducts surface coal mining operations on non-Indian or non-Federal lands on or after 8 months
from the date of approval of a State program or implementation of a Federal program shall have a permit issued pursuant
to the applicable State or Federal program. However, under conditions specified in Sec. 773.4(b) of this chapter, a
person may continue operations under a previously issued permit after 8 months from the date of approval of a State
program or implementation of a Federal program.
(b) Any person who conducts surface coal mining operations on Federal lands on or after 8 months from the date of
approval of a State program or implementation of a Federal program for the State in which the Federal lands are located
shall have a permit issued pursuant to part 740 of this chapter. However, under conditions specified in Sec. 740.13(a)(3)
of this chapter, a person may continue such operations under a mining plan previously approved pursuant to 43 CFR part
3480 or a permit issued by the State under the interim State program after 8 months after the date of approval of a State
program or implementation of a Federal program.
(c) Any person who conducts surface coal mining operations on Indian lands on or after eight months from the
effective date of the Federal program for Indian lands shall have a permit issued pursuant to part 750 of this chapter.
However, a person who is authorized to conduct surface coal mining operations may continue to conduct those
operations beyond eight months from the effective date of the Federal program for Indian lands if the following
conditions are met:
(1) An application for a permit to conduct those operations has been made to the Director within two months after the
effective date of the Federal program for Indian lands and the initial administrative decision on that application has not
been issued; and
(2) Those operations are conducted in compliance with all terms and conditions of the existing authorization to mine,
the requirements of the Act, 25 CFR part 216, and the requirements of all applicable mineral agreements, leases or
licenses.
(d) The requirements of subchapter K of this chapter shall be effective and shall apply to each surface coal mining and
reclamation operation for which the surface coal mining operation is required to obtain a permit under the Act, on the
earliest date upon which the Act and this chapter require a permit to be obtained, except as provided in paragraph (e) of
this section.
(e)(1) Each structure used in connection with or to facilitate a coal exploration or surface coal mining and reclamation
operation shall comply with the performance standards and the design requirements of subchapter K of this chapter,
except that--
(i) An existing structure which meets the performance standards of subchapter K of this chapter but does not meet the
design requirements of subchapter K of this chapter may be exempted from meeting those design requirements by the
regulatory authority. The regulatory authority may grant this exemption only as part of the permit application process
after obtaining the information required by 30 CFR 780.12 or 784.12 and after making the findings required in 30 CFR
773.15;
(ii) If the performance standard of subchapter B of this chapter is at least as stringent as the comparable performance
standard of subchapter K of this chapter, an existing structure which meets the performance standards of subchapter B of
this chapter may be exempted by the regulatory authority from meeting the design requirements of subchapter K of this
chapter. The regulatory authority may grant this exemption only as part of the permit application process after obtaining
the information required by 30 CFR 780.12 or 784.12 and after making the findings required in 30 CFR 773.15;
(iii) An existing structure which meets a performance standard of subchapter B of this chapter which is less stringent
than the comparable performance standards of subchapter K of this chapter or which does not meet a performance
standard of subchapter K of this chapter, for which there was no equivalent performance standards in subchapter B of
this chapter, shall be modified or reconstructed to meet the performance and design standard of subchapter K of this
chapter pursuant to a compliance plan approved by the regulatory authority only as part of the permit application as
required in 30 CFR 780.12 or 784.12 and according to the findings required by 30 CFR 773.15;
(iv) An existing structure which does not meet the performance standards of subchapter B of this chapter and which
the applicant proposes to use in connection with or to facilitate the coal exploration or surface coal mining and
reclamation operation shall be modified or reconstructed to meet the performance and design standards of subchapter K
prior to issuance of the permit.
(2) The exemptions provided in paragraphs (e)(1)(i) and (e)(1)(ii) of this section shall not apply to --
(i) The requirements for existing and new coal mine waste disposal facilities; and
(ii) The requirements to restore the approximate original contour of the land.
(f)(1) Any person conducting coal exploration on non-Federal and non-Indian lands on or after the date on which a
State program is approved or a Federal program implemented, shall either file a notice of intention to explore or obtain
approval of the regulatory authority, as required by 30 CFR part 772.
(2) Coal exploration performance standards in 30 CFR part 815 shall apply to coal exploration on non-Federal and
non-Indian lands which substantially disturbs the natural land surface 2 months after approval of a State program or
implementation of a Federal program.
(Pub. L. 95-87, 30 U.S.C. 1201 et seq.)
[44 FR 15316, Mar. 13, 1979, as amended at 44 FR 77446, Dec. 31, 1979; 48 FR 6935, Feb. 16, 1983; 48 FR 44391,
Sept. 28, 1983; 48 FR 44779, Sept. 30, 1983; 49 FR 38477, Sept. 28, 1984; 54 FR 13822, Apr. 5, 1989]
SUBCHAPTER A GENERAL
30 CFR PART 702 EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF
OTHER MINERALS
30 CFR Sec.
702.1 Scope
702.5 Definitions
702.10 Information collection
702.11 Application requirements and procedures
702.12 Contents of application for exemption
702.13 Public availability of information
702.14 Requirements for exemption
702.15 Conditions of exemption and right of inspection and entry
702.16 Stockpiling of minerals
702.17 Revocation and enforcement
702.18 Reporting requirements
AUTHORITY: 30 U.S.C. 1201 et seq., as amended.
SOURCE: 54 FR 52120, Dec. 20, 1989, unless otherwise noted.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 700-890, 3/13/79 - 7/1/02".]
30 CFR Sec. 702.1 Scope.
This part implements the exemption contained in section 701(28) of the Act concerning the extraction of coal
incidental to the extraction of other minerals where coal does not exceed 16 2/3 percent of the total tonnage of coal and
other minerals removed for purposes of commercial use or sale.
30 CFR Sec. 702.5 Definitions.
As used in this part, the following terms have the meaning specified, except where otherwise indicated:
(a) CUMULATIVE MEASUREMENT PERIOD means the period of time over which both cumulative production and
cumulative revenue are measured.
(1) For purposes of determining the beginning of the cumulative measurement period, subject to regulatory authority
approval, the operator must select and consistently use one of the following:
(i) For mining areas where coal or other minerals were extracted prior to August 3, 1977, the date extraction of coal or
other minerals commenced at that mining area or August 3, 1977, or
(ii) For mining areas where extraction of coal or other minerals commenced on or after August 3, 1977, the date
extraction of coal or other minerals commenced at that mining area, whichever is earlier.
(2) For annual reporting purposes pursuant to Sec. 702.18 of this part, the end of the period for which cumulative
production and revenue is calculated is either
(i) For mining areas where coal or other minerals were extracted prior to April 1, 1990, March 31, 1990, and every
March 31 thereafter; or
(ii) For mining areas where extraction of coal or other minerals commenced on or after April 1, 1990, the last day of
the calendar quarter during which coal extraction commenced, and each anniversary of that day thereafter.
(b) CUMULATIVE PRODUCTION means the total tonnage of coal or other minerals extracted from a mining area
during the cumulative measurement period. The inclusion of stockpiled coal and other mineral tonnages in this total is
governed by Sec. 702.16.
(c) CUMULATIVE REVENUE means the total revenue derived from the sale of coal or other minerals and the fair
market value of coal or other minerals transferred or used, but not sold, during the cumulative measurement period.
(d) MINING AREA means an individual excavation site or pit from which coal, other minerals and overburden are
removed.
(e) OTHER MINERALS means any commercially valuable substance mined for its mineral value, excluding coal,
topsoil, waste and fill material.
30 CFR Sec. 702.10 Information collection.
The collections of information contained in Secs. 702.11, 702.12, 702.13, 702.15 and 702.18 of this part have been
approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1029-
0089. The information will be used to determine the initial and continuing applicability of the incidental mining
exemption to a particular mining operation. Response is required to obtain and maintain the incidental mining exemption
in accordance with section 701(28) of the Act.
Public reporting burden for this collection of information is estimated to average one hour per response, including the
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for reducing the burden, to Information Collection
Clearance Officer, OSM Department of the Interior, 1951 Constitution Avenue, NW., Washington, DC 20240; and to
the Office of Management and Budget, Paperwork Reduction Project (1029-0089), OMB, Washington, DC 20503.
30 CFR Sec. 702.11 Application requirements and procedures.
(a)(1) Any person who plans to commence or continue coal extraction after April 1, 1990, under a Federal program or
on Indian lands, or after the effective date of counterpart provisions in a State program, in reliance on the incidental
mining exemption shall file a complete application for exemption with the regulatory authority for each mining area.
(2) Following incorporation of an exemption application approval process into a regulatory program, a person may
not commence coal extraction based upon the exemption until the regulatory authority approves such application, except
as provided in paragraph (e)(3) of this section.
(b) Existing operations. Any person who has commenced coal extraction at a mining area in reliance upon the
incidental mining exemption prior to April 1, 1990, in a State with a Federal program or on Indian lands, or prior to the
effective date of counterpart provisions in a State program, may continue mining operations for 60 days after such
effective date. Coal extraction may not continue after such 60-day period unless that person files an administratively
complete application for exemption with the regulatory authority. If an administratively complete application is filed
within 60 days, the person may continue extracting coal in reliance on the exemption beyond the 60-day period until the
regulatory authority makes an administrative decision on such application.
(c) Additional information. The regulatory authority shall notify the applicant if the application for exemption is
incomplete and may at any time require submittal of additional information.
(d) Public comment period. Following publication of the newspaper notice required by Sec. 702.12(g), the regulatory
authority shall provide a period of no less than 30 days during which time any person having an interest which is or may
be adversely affected by a decision on the application may submit written comments or objections.
(e) Exemption determination. (1) No later than 90 days after filing of an administratively complete application, the
regulatory authority shall make a written determination whether, and under what conditions, the persons claiming the
exemption are exempt under this part, and shall notify the applicant and persons submitting comments on the application
of the determination and the basis for the determination.
(2) The determination of exemption shall be based upon information contained in the application and any other
information available to the regulatory authority at that time.
(3) If the regulatory authority fails to provide an applicant with the determination as specified in paragraph (e)(1) of
this section, an applicant who has not begun may commence coal extraction pending a determination on the application
unless the regulatory authority issues an interim finding, together with reasons therefor, that the applicant may not begin
coal extraction.
(f) Administrative review. (1) Any adversely affected person may request administrative review of a determination
under paragraph (e) of this section within 30 days of the notification of such determination in accordance with
procedures established under 43 CFR 4.1280 when OSM is the regulatory authority or under corresponding State
procedures when a State is the regulatory authority.
(2) A petition for administrative review filed under 43 CFR 4.1280 or under corresponding State procedures shall not
suspend the effect of a determination under paragraph (e) of this section.
30 CFR Sec. 702.12 Contents of application for exemption.
An application for exemption shall include at a minimum:
(a) The name and address of the applicant;
(b) A list of the minerals sought to be extracted;
(c) Estimates of annual production of coal and the other minerals within each mining area over the anticipated life of
the mining operation;
(d) Estimated annual revenues to be derived from bona fide sales of coal and other minerals to be extracted within the
mining area;
(e) Where coal or the other minerals are to be used rather than sold, estimated annual fair market values at the time of
projected use of the coal and other minerals to be extracted from the mining area;
(f) The basis for all annual production, revenue, and fair market value estimates;
(g) A description, including county, township if any, and boundaries of the land, of sufficient certainty that the mining
areas may be located and distinguished from other mining areas;
(h) An estimate to the nearest acre of the number of acres that will compose the mining area over the anticipated life
of the mining operation;
(i) Evidence of publication, in a newspaper of general circulation in the county of the mining area, of a public notice
that an application for exemption has been filed with the regulatory authority (The public notice must identify the
persons claiming the exemption and must contain a description of the proposed operation and its locality that is
sufficient for interested persons to identify the operation.);
(j) Representative stratigraphic cross-section(s) based on test borings or other information identifying and showing the
relative position, approximate thickness and density of the coal and each other mineral to be extracted for commercial
use or sale and the relative position and thickness of any material, not classified as other minerals, that will also be
extracted during the conduct of mining activities;
(k) A map of appropriate scale which clearly identifies the mining area;
(l) A general description of mining and mineral processing activities for the mining area;
(m) A summary of sales commitments and agreements for future delivery, if any, which the applicant has received for
other minerals to be extracted from the mining area, or a description of potential markets for such minerals;
(n) If the other minerals are to be commercially used by the applicant, a description specifying the use;
(o) For operations having extracted coal or other minerals prior to filing an application for exemption, in addition to
the information required above, the following information must also be submitted:
(1) Any relevant documents the operator has received from the regulatory authority documenting its exemption from
the requirements of the Act;
(2) The cumulative production of the coal and other minerals from the mining area; and
(3) Estimated tonnages of stockpiled coal and other minerals; and
(p) Any other information pertinent to the qualification of the operation as exempt.
30 CFR Sec. 702.13 Public availability of information.
(a) Except as provided in paragraph (b) of this section, all information submitted to the regulatory authority under this
part shall be made immediately available for public inspection and copying at the local offices of the regulatory
authority having jurisdiction over the mining operations claiming exemption until at least three years after expiration of
the period during which the subject mining area is active.
(b) The regulatory authority may keep information submitted to the regulatory authority under this part confidential if
the person submitting it requests in writing, at the time of submission, that it be kept confidential and the information
concerns trade secrets or is privileged commercial or financial information of the persons intending to conduct
operations under this part.
(c) Information requested to be held as confidential under paragraph (b) of this section shall not be made publicly
available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the
information.
30 CFR Sec. 702.14 Requirements for exemption.
(a) Activities are exempt from the requirements of the Act if all of the following are satisfied:
(1) The cumulative production of coal extracted from the mining area determined annually as described in this
paragraph does not exceed 16 2/3 percent of the total cumulative production of coal and other minerals removed during
such period for purposes of bona fide sale or reasonable commercial use.
(2) Coal is produced from a geological stratum lying above or immediately below the deepest stratum from which
other minerals are extracted for purposes of bona fide sale or reasonable commercial use.
(3) The cumulative revenue derived from the coal extracted from the mining area determined annually shall not
exceed 50 percent of the total cumulative revenue derived from the coal and other minerals removed for purposes of
bona fide sale or reasonable commercial use. If the coal extracted or the minerals removed are used by the operator or
transferred to a related entity for use instead of being sold in a bona fide sale, then the fair market value of the coal or
other minerals shall be calculated at the time of use or transfer and shall be considered rather than revenue.
(b) Persons seeking or that have obtained an exemption from the requirements of the Act shall comply with the
following:
(1) Each other mineral upon which an exemption under this part is based must be a commercially valuable mineral for
which a market exists or which is mined in bona fide anticipation that a market will exist for the mineral in the
reasonably foreseeable future, not to exceed twelve months from the end of the current period for which cumulative
production is calculated. A legally binding agreement for the future sale of other minerals is sufficient to demonstrate the
above standard.
(2) If either coal or other minerals are transferred or sold by the operator to a related entity for its use or sale, the
transaction must be made for legitimate business purposes.
30 CFR Sec. 702.15 Conditions of exemption and right of inspection and entry.
A person conducting activities covered by this part shall:
(a) Maintain on-site or at other locations available to authorized representatives of the regulatory authority and the
Secretary information necessary to verify the exemption including, but not limited to, commercial use and sales
information, extraction tonnages, and a copy of the exemption application and exemption approved by the regulatory
authority;
(b) Notify the regulatory authority upon the completion of the mining operation or permanent cessation of all coal
extraction activities; and
(c) Conduct operations in accordance with the approved application or when authorized to extract coal under Sec.
702.11(b) or Sec. 702.11(e)(3) prior to submittal or approval of an exemption application, in accordance with the
standards of this part for Federal programs and on Indian lands or in accordance with counterpart provisions when
included in State programs.
(d) Authorized representatives of the regulatory authority and the Secretary shall have the right to conduct inspections
of operations claiming exemption under this part.
(e) Each authorized representative of the regulatory authority and the Secretary conducting an inspection under this
part:
(1) Shall have a right of entry to, upon, and through any mining and reclamation operations without advance notice or
a search warrant, upon presentation of appropriate credentials;
(2) May, at reasonable times and without delay, have access to and copy any records relevant to the exemption; and
(3) Shall have a right to gather physical and photographic evidence to document conditions, practices or violations at
a site.
(f) No search warrant shall be required with respect to any activity under paragraphs (d) and (e) of this section, except
that a search warrant may be required for entry into a building.
30 CFR Sec. 702.16 Stockpiling of minerals.
(a) Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time
of its sale, transfer to a related entity or use:
(1) Up to an amount equaling a 12-month supply of the coal required for future sale, transfer or use as calculated
based upon the average annual sales, transfer and use from the mining area over the two preceding years; or
(2) For a mining area where coal has been extracted for a period of less than two years, up to an amount that would
represent a 12-month supply of the coal required for future sales, transfer or use as calculated based on the average
amount of coal sold, transferred or used each month.
(b) Other minerals. (1) The regulatory authority shall disallow all or part of an operator's tonnages of stockpiled other
minerals for purposes of meeting the requirements of this part if the operator fails to maintain adequate and verifiable
records of the mining area of origin, the disposition of stockpiles or if the disposition of the stockpiles indicates the lack
of commercial use or market for the minerals.
(2) The regulatory authority may only allow an operator to utilize tonnages of stockpiled other minerals for purposes
of meeting the requirements of this part if:
(i) The stockpiling is necessary to meet market conditions or is consistent with generally accepted industry practices;
and
(ii) Except as provided in paragraph (b)(3) of this section, the stockpiled other minerals do not exceed a 12-month
supply of the mineral required for future sales as approved by the regulatory authority on the basis of the exemption
application.
(3) The regulatory authority may allow an operator to utilize tonnages of stockpiled other minerals beyond the 12-
month limit established in paragraph (b)(2) of this section if the operator can demonstrate to the regulatory authority's
satisfaction that the additional tonnage is required to meet future business obligations of the operator, such as may be
demonstrated by a legally binding agreement for future delivery of the minerals.
(4) The regulatory authority may periodically revise the other mineral stockpile tonnage limits in accordance with the
criteria established by paragraphs (b) (2) and (3) of this section based on additional information available to the
regulatory authority.
30 CFR Sec. 702.17 Revocation and enforcement.
(a) Regulatory authority responsibility. The regulatory authority shall conduct an annual compliance review of the
mining area, utilizing the annual report submitted pursuant to Sec. 702.18, an on-site inspection and any other
information available to the regulatory authority.
(b) If the regulatory authority has reason to believe that a specific mining area was not exempt under the provisions of
this part or counterpart provisions of the State regulatory program at the end of the previous reporting period, is not
exempt, or will be unable to satisfy the exemption criteria at the end of the current reporting period, the regulatory
authority shall notify the operator that the exemption may be revoked and the reason(s) therefor. The exemption will be
revoked unless the operator demonstrates to the regulatory authority within 30 days that the mining area in question
should continue to be exempt.
(c)(1) If the regulatory authority finds that an operator has not demonstrated that activities conducted in the mining
area qualify for the exemption, the regulatory authority shall revoke the exemption and immediately notify the operator
and intervenors. If a decision is made not to revoke an exemption, the regulatory authority shall immediately notify the
operator and intervenors.
(2) Any adversely affected person may request administrative review of a decision whether to revoke an exemption
within 30 days of the notification of such decision in accordance with procedures established under 43 CFR 4.1280
when OSM is the regulatory authority or under corresponding State procedures when a State is the regulatory authority.
(3) A petition for administrative review filed under 43 CFR 4.1280 or under corresponding State procedures shall not
suspend the effect of a decision whether to revoke an exemption.
(d) Direct enforcement. (1) An operator mining in accordance with the terms of an approved exemption shall not be
cited for violations of the regulatory program which occurred prior to the revocation of the exemption.
(2) An operator who does not conduct activities in accordance with the terms of an approved exemption and knows or
should know such activities are not in accordance with the approved exemption shall be subject to direct enforcement
action for violations of the regulatory program which occur during the period of such activities.
(3) Upon revocation of an exemption or denial of an exemption application, an operator shall stop conducting surface
coal mining operations until a permit is obtained and shall comply with the reclamation standards of the applicable
regulatory program with regard to conditions, areas and activities existing at the time of revocation or denial.
30 CFR Sec. 702.18 Reporting requirements.
(a)(1) Following approval by the regulatory authority of an exemption for a mining area, the person receiving the
exemption shall, for each mining area, file a written report annually with the regulatory authority containing the
information specified in paragraph (b) of this section.
(2) The report shall be filed no later than 30 days after the end of the 12-month period as determined in accordance
with the definition of "cumulative measurement period" in Sec. 702.5 of this part.
(3) The information in the report shall cover:
(i) Annual production of coal and other minerals and annual revenue derived from coal and other minerals during the
preceding 12-month period, and
(ii) The cumulative production of coal and other minerals and the cumulative revenue derived from coal and other
minerals.
(b) For each period and mining area covered by the report, the report shall specify:
(1) The number of tons of extracted coal sold in bona fide sales and total revenue derived from such sales;
(2) The number of tons of coal extracted and used or transferred by the operator or related entity and the estimated
total fair market value of such coal;
(3) The number of tons of coal stockpiled;
(4) The number of tons of other commercially valuable minerals extracted and sold in bona fide sales and total
revenue derived from such sales;
(5) The number of tons of other commercially valuable minerals extracted and used or transferred by the operator or
related entity and the estimated total fair market value of such minerals; and
(6) The number of tons of other commercially valuable minerals removed and stockpiled by the operator.
SUBCHAPTER A GENERAL
30 CFR PART 705 RESTRICTION ON FINANCIAL INTERESTS OF STATE EMPLOYEES
30 CFR Sec.
705.1 Scope
705.2 Objectives
705.3 Authority
705.4 Responsibility
705.6 Penalties
705.10 Information collection
705.11 Who shall file
705.13 When to file
705.15 Where to file
705.17 What to report
705.18 Gifts and gratuities
705.19 Resolving prohibited interests
705.21 Appeals procedures
AUTHORITY: 30 U.S.C. 1201 et seq.
SOURCE: 42 FR 56060, Oct. 20, 1977, unless otherwise noted.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 700-890, 3/13/79 - 7/1/02".]
30 CFR Sec. 705.1 Purpose.
This part sets forth the minimum policies and procedures that States must establish and use to implement section
517(g) of the Act in order to eligible for reimbursement of costs of enforcing and administering the initial regulatory
program under section 502, or for grants for developing, administering and enforcing a State regulatory program under
section 705 of the Act, or to assume primary regulatory authority under section 503 of the Act (Pub. L. 95-87).
Compliance with the policies and procedures in this part will satisfy the requirements of section 517(g) of the Act.
Section 517(g) prohibits certain employees of the State Regulatory Authority from having any direct or indirect financial
interest in any underground or surface coal mining operation. The regulations in this part are applicable to employees of
the State Regulatory Authority as defined in Sec. 705.5.
30 CFR Sec. 705.2 Objectives.
The objectives of this part are:
(a) To ensure that the States adopt a standard program for implementing the provisions in section 517(g) of the Act.
(b) To establish methods which will ensure, as required by section 517(g) of the Act, that each employee of the State
Regulatory Authority who performs any function or duty under the Act does not have a direct or indirect financial
interest in any underground or surface coal mining operation.
(c) To establish the methods by which the monitoring, enforcing and reporting responsibilities of the Secretary of the
Interior as stated in section 517(g) will be accomplished.
30 CFR Sec. 705.3 Authority.
(a) The Secretary of the Interior is authorized by Pub. L. 95-87 to:
(1) Establish the methods by which he or she and State officials will monitor and enforce the provisions contained in
section 517(g) of the Act;
(2) Establish appropriate provisions for employees of the State Regulatory Authority who perform any function or
duty under the Act to file a statement and supplements thereto in order to identify any financial interest which may be
affected by section 517(g), and
(3) Report annually to the Congress the actions taken and not taken during the preceding calendar year under section
517(g) of the Act.
(b) The Governor of the State, the Head of the State Regulatory Authority, or such other State official designated by
State law, is authorized to expand the provisions in this part in order to meet the particular needs within the State.
(c) The Office of Inspector General, U.S. Department of the Interior, is authorized to conduct on behalf of the
Secretary periodic audits related to the provisions contained in section 517(g) of the Act and related to the provisions in
this part. These audits will be conducted on a cyclical basis or upon request of the Secretary or the Director.
[42 FR 56060, Oct.20, 1977, as amended at 56 FR 46987, Sept. 17, 1991]
30 CFR Sec. 705.4 Responsibility.
(a) The Head of each State Regulatory Authority shall;
(1) Provide advice, assistance, and guidance to all State employees required to file statements pursuant to Sec.
705.11;
(2) Promptly review the statement of employment and financial interests and supplements, if any, filed by each
employee, to determine if the employee has correctly identified those listed employment and financial interests which
constitute a direct or indirect financial interest in an underground or surface coal mining operation;
(3) Resolve prohibited financial interest situations by ordering or initiating remedial action or by reporting the
violations to the Director who is responsible for initiating action to impose the penalties of the Act;
(4) Certify on each statement that review has been made, that prohibited financial interests, if any, have been resolved,
and that no other prohibited interests have been identified from the statement;
(5) Submit to the Director such Statistics and information as he or she may request to enable preparation of the
required annual report to Congress;
(6) Submit to the Director the initial listing and the subsequent annual listings of positions as required by Sec. 705.11
(b), (c), and (d);
(7) Furnish a blank statement 45 days in advance of the filing date established by Sec. 705.13(a) to each State
employee required to file a statement; and
(8) Inform annually each State employee required to file a statement with the Head of the State Regulatory Authority,
or such other official designated by State law or regulation, of the name, address, and telephone number of the person
whom they may contact for advice and counseling.
(b) The Director, Office of Surface Mining Reclamation and Enforcement, shall:
(1) Provide advice, assistance, and counseling to the Heads of all State Regulatory Authorities concerning
implementation of these regulations;
(2) Promptly review the statement of employment and financial interests and supplements, if any, filed by each Head
of the State Regulatory Authority. The Director will review the statement to determine if the Head o