Parts 772 - 785.25
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Subchapter G Parts 772 - 785.25 |
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SUBCHAPTER G -- SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND
COAL EXPLORATION SYSTEMS UNDER REGULATORY PROGRAMS
PART 772 -- REQUIREMENTS FOR COAL EXPLORATION
Sec.
772.1 Scope and purpose
772.10 Information collection
772.11 Notice requirements for exploration removing 250 tons of coal or less
772.12 Permit requirements for exploration that will remove more that 250 tons of coal or that will occur on lands
designated as unsuitable for surface coal mining operations
772.13 Coal exploration compliance duties
772.14 Commercial use or sale
772.15 Public availability of information
AUTHORITY: 30 U.S.C. 1201 et seq. and 16 U.S.C. 470 et seq.
SOURCE: 48 FR 40634, Sept. 8, 1983, 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 - 6/30/00".]
30 CFR Sec. 772.1 Scope and purpose.
This part establishes the requirements and procedures applicable to coal exploration operations on all lands except
for Federal lands subject to the requirements of 43 CFR parts 3480-3487.
[48 FR 40634, Sept. 8, 1983, as amended at 48 FR 44779, Sept. 30, 1983]
30 CFR Sec. 772.10 Information collection.
(a) In accordance with 44 U.S.C. 3501 et seq., the Office of Management and Budget (OMB) has approved the
information collection and recordkeeping requirements of this part. The OMB clearance number is 1029-0112. OSM
and State regulatory authorities use the information collected under this part to maintain knowledge of coal
exploration activities, evaluate the need for an exploration permit, and ensure that exploration activities comply with
the environmental protection, public participation, and reclamation requirements of parts 772 and 815 of this chapter
and 30 U.S.C. 1262. Persons seeking to conduct coal exploration must respond to obtain a benefit.
(b) OSM estimates that the combined public reporting and recordkeeping burden for all respondents under this
part will average 11 hours per notice or application submitted, including time spent reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Specifically, OSM estimates that preparation of a notice of intent to explore under Sec. 772.11 will
require an average of 10 hours per notice, preparation and processing of an application for coal exploration under
Sec. 772.12 will require an average of 103 hours per application, compliance with Sec. 772.14 will require an
average of 18 hours per application, and recordkeeping and information collection under Sec. 772.15 will require an
average of approximately 1 hour per response. Send comments regarding this burden estimate or any other aspect of
these information collection requirements, including suggestions for reducing the burden, to the Office of Surface
Mining Reclamation and Enforcement, Information Collection Clearance Officer, 1951 Constitution Avenue, N.W.,
Washington, DC 20240; and the Office of Management and Budget, Office of Information and Regulatory Affairs,
Attention: Interior Desk Officer, 725 17th Street, N.W., Washington, DC 20503. Please refer to OMB Control
Number 1029-0112 in any correspondence.
[64 FR 70837, Dec. 17, 1999]
30 CFR Sec. 772.11 Notice requirements for exploration removing 250 tons of coal or less.
(a) Any person who intends to conduct coal exploration operations outside a permit area during which 250 tons or
less of coal will be removed, shall, before conducting the exploration, file with the regulatory authority a written
notice of intention to explore. Exploration which will take place on lands designated as unsuitable for surface coal
mining operations under subchapter F of this chapter, shall be subject to the permitting requirements under Sec.
772.12. Exploration conducted under a notice of intent shall be subject to the requirements prescribed under Sec.
772.13.
(b) The notice shall include--
(1) The name, address, and telephone number of the person seeking to explore;
(2) The name, address, and telephone number of the person's representative who will be present at, and
responsible for, conducting the exploration activities;
(3) A narrative describing the proposed exploration area or a map at a scale of 1:24,000, or greater, showing the
proposed area of exploration and the general location of drill holes and trenches, existing and proposed roads,
occupied dwellings, topographic features, bodies of surface water, and pipelines;
(4) A statement of the period of intended exploration; and
(5) A description of the method of exploration to be used and the practices that will be followed to protect the
environment and to reclaim the area from adverse impacts of the exploration activities in accordance with the
applicable requirements of part 815 of this chapter.
[48 FR 40634, Sept. 8, 1983, as amended at 53 FR 52949, Dec. 29, 1988]
30 CFR 772.12
Sec. 772.12 Permit requirements for exploration that will remove more than 250 tons of coal or that will occur on
lands designated as unsuitable for surface coal mining operations.
(a) Exploration permit. Any person who intends to conduct coal exploration outside a permit area during which
more than 250 tons of coal will be removed or which will take place on lands designated as unsuitable for surface
mining under subchapter F of this chapter, shall, before conducting the exploration, submit an application and obtain
written approval from the regulatory authority in an exploration permit. Such exploration shall be subject to the
requirements prescribed under Secs. 772.13 and 772.14.
(b) Application information. Each application for an exploration permit shall contain, at a minimum, the following
information:
(1) The name, address, and telephone number of the applicant.
(2) The name, address and telephone number of the applicant's representative who will be present at, and
responsible for, conducting the exploration activities.
(3) A narrative describing the proposed exploration area.
(4) A narrative description of the methods and equipment to be used to conduct the exploration and reclamation.
(5) An estimated timetable for conducting and completing each phase of the exploration and reclamation.
(6) The estimated amount of coal to be removed and a description of the methods to be used to determine the
amount.
(7) A statement of why extraction of more than 250 tons of coal is necessary for exploration.
(8) A description of --
(i) Cultural or historical resources listed on the National Register of Historic Places;
(ii) Cultural or historical resources known to be eligible for listing on the National Register of Historic Places; and
(iii) Known archeological resources located within the proposed exploration area.
(iv) Any other information which the regulatory authority may require regarding known or unknown historic or
archeological resources.
(9) A description of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) identified within the proposed exploration area.
(10) A description of the measures to be used to comply with the applicable requirements of part 815 of this
chapter.
(11) The name and address of the owner of record of the surface land and of the subsurface mineral estate of the
area to be explored.
(12) A map or maps at a scale of 1:24,000, or larger, showing the areas of land to be disturbed by the proposed
exploration and reclamation. The map shall specifically show existing roads, occupied dwellings, topographic and
drainage features, bodies of surface water, and pipelines; proposed locations of trenches, roads, and other access
routes and structures to be constructed; the location of proposed land excavations; the location of exploration holes
or other drill holes or underground openings; the location of excavated earth or waste-material disposal areas; and
the location of critical habitats of any endangered or threatened species listed pursuant to the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
(13) If the surface is owned by a person other than the applicant, a description of the basis upon which the
applicant claims the right to enter that land for the purpose of conducting exploration and reclamation.
(14) For any lands listed in Sec. 761.11 of this chapter, a demonstration that, to the extent technologically and
economically feasible, the proposed exploration activities have been designed to minimize interference with the
values for which those lands were designated as unsuitable for surface coal mining operations. The application must
include documentation of consultation with the owner of the feature causing the land to come under the protection of
Sec. 761.11 of this chapter, and, when applicable, with the agency with primary jurisdiction over the feature with
respect to the values that caused the land to come under the protection of Sec. 761.11 of this chapter.
( c) Public notice and opportunity to comment. Public notice of the application and opportunity to comment shall
be provided as follows:
(1) Within such time as the regulatory authority may designate, the applicant shall provide public notice of the
filing of an administratively complete application with the regulatory authority in a newspaper of general circulation
in the county of the proposed exploration area.
(2) The public notice shall state the name and address of the person seeking approval, the filing date of the
application, the address of the regulatory authority where written comments on the application may be submitted, the
closing date of the comment period, and a description of the area of exploration.
(3) Any person having an interest which is or may be adversely affected shall have the right to file written
comments on the application within reasonable time limits.
(d) Decisions on applications for exploration. (1) The regulatory authority shall act upon an administratively
complete application for a coal exploration permit and any written comments within a reasonable period of time. The
approval of a coal exploration permit may be based only on a complete and accurate application.
(2) The regulatory authority shall approve a complete and accurate application for a coal exploration permit filed
in accordance with this part if it finds, in writing, that the applicant has demonstrated that the exploration and
reclamation described in the application will --
(i) Be conducted in accordance with this part, part 815 of this chapter, and the applicable provisions of the
regulatory program;
(ii) Not jeopardize the continued existence of an endangered or threatened species listed pursuant to section 4 of
the Endangered Species Act of 1973, 16 U.S.C. 1533, or result in the destruction or adverse modification of critical
habitat of those species;
(iii) Not adversely affect any cultural or historical resources listed on the National Register of Historic Places
pursuant to the National Historic Preservation Act, 16 U.S.C. 470 et seq., unless the proposed exploration has been
approved by both the regulatory authority and the agency with jurisdiction over the resources to be affected; and
(iv) With respect to exploration activities on any lands protected under Sec. 761.11 of this chapter, minimize
interference, to the extent technologically and economically feasible, with the values for which those lands were
designated as unsuitable for surface coal mining operations. Before making this finding, the regulatory authority
must provide reasonable opportunity to the owner of the feature causing the land to come under the protection of
Sec. 761.11 of this chapter, and, when applicable, to the agency with primary jurisdiction over the feature with
respect to the values that caused the land to come under the protection of Sec. 761.11 of this chapter, to comment on
whether the finding is appropriate.
(3) Terms of approval issued by the regulatory authority shall contain conditions necessary to ensure that the
exploration and reclamation will be conducted in compliance with this part, part 815 of this chapter, and the
regulatory program.
(e) Notice and hearing. (1) The regulatory authority shall notify the applicant, the appropriate local government
officials, and other commenters on the application, in writing, of its decision on the application. If the application is
disapproved, the notice to the applicant shall include a statement of the reason for disapproval. Public notice of the
decision on each application shall be posted by the regulatory authority at a public office in the vicinity of the
proposed exploration operations.
(2) Any person having an interest which is or may be adversely affected by a decision of the regulatory authority
pursuant to paragraph (e)(1) of this section shall have the opportunity for administrative and judicial review as set
forth in part 775 of this chapter.
[48 FR 40634, Sept. 8, 1983, as amended at 52 FR 4262, Feb. 10, 1987; 53 FR 52949, Dec. 29, 1988; 64 FR 70837,
Dec. 17, 1999]
30 CFR Sec. 772.13 Coal exploration compliance duties.
(a) All coal exploration and reclamation activities that substantially disturb the natural land surface shall be
conducted in accordance with the coal exploration requirements of this part, part 815 of this chapter, the regulatory
program, and any exploration permit term or condition imposed by the regulatory authority.
(b) Any person who conducts any coal exploration in violation of the provisions of this part, part 815 of this
chapter, the regulatory program, or any exploration permit term or condition imposed by the regulatory authority
shall be subject to the provisions of section 518 of the Act, subchapter L of this chapter, and the applicable
inspection and enforcement provisions of the regulatory program.
30 CFR Sec. 772.14 Commercial use or sale.
(a) Except as provided under Secs. 772.14(b) and 700.11(a)(5), any person who intends to commercially use or
sell coal extracted during coal exploration operations under an exploration permit, shall first obtain a permit to
conduct surface coal mining operations for those operations from the regulatory authority under parts 773 through
785 of this chapter.
(b) With the prior written approval of the regulatory authority, no permit to conduct surface coal mining
operations is required for the sale or commercial use of coal extracted during exploration operations if such sale or
commercial use is for coal testing purposes only. The person conducting the exploration shall file an application for
such approval with the regulatory authority. The application shall demonstrate that the coal testing is necessary for
the development of a surface coal mining and reclamation operation for which a surface coal mining operations
permit application is to be submitted in the near future, and that the proposed commercial use or sale of coal
extracted during exploration operations is solely for the purpose of testing the coal. The application shall contain the
following:
(1) The name of the testing firm and the locations at which the coal will be tested.
(2) If the coal will be sold directly to, or commercially used directly by, the intended end user, a statement from
the intended end user, or if the coal is sold indirectly to the intended end user through an agent or broker, a statement
from the agent or broker. The statement shall include:
(i) The specific reason for the test, including why the coal may be so different from the intended user's other coal
supplies as to require testing;
(ii) The amount of coal necessary for the test and why a lesser amount is not sufficient; and
(iii) A description of the specific tests that will be conducted.
(3) Evidence that sufficient reserves of coal are available to the person conducting exploration or its principals for
future commercial use or sale to the intended end user, or agent or broker of such user identified above, to
demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve.
(4) An explanation as to why other means of exploration, such as core drilling, are not adequate to determine the
quality of the coal and/or the feasibility of developing a surface coal mining operation.
[53 FR 52949, Dec. 29, 1988]
30 CFR Sec. 772.15 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 available for public inspection and copying at the local offices of the regulatory authority
closest to the exploration area.
(b) The regulatory authority shall keep information 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 relating to the competitive rights of the persons intending to conduct coal
exploration.
( 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.
PART 773 -- REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING
Sec.
773.1 Scope and purpose
773.3 Information collection
773.4 Requirements to obtain permits
773.5 Regulatory coordination with requirements under other laws
773.6 Public participation in permit processing
773.7 Review of permit applications
773.8 General provisions for review of permit application information and entry of information into AVS.
773.9 Review of applicant, operator, and ownership and control information
773.10 Review of permit history
773.11 Requirements to obtain permits
773.12 Regulatory coordination with requirements under other laws
773.13 Unanticipated events or conditions at remining sites
773.14 Eligibility for provisionally issued permits
773.15 Written findings for permit application approval
773.16 Performance bond submittal
773.17 Permit conditions
773.19 Permit issuance and right of renewal
773.21 Initial review and finding requirements for improvidently issued permits
773.22 Notice requirements for improvidently issued permits
773.23 Suspension or rescission requirements for improvidently issued permits
773.25 Who may challenge ownership or control listings and findings
773.26 How to challenge an ownership or control listing or finding
773.26 How to challenge an ownership or control listing or finding
773.28 Written agency decision on challenges to ownership or control listings or findings
AUTHORITY: 30 U.S.C. 1201 et seq., 16 U.S.C. 470 et seq., 16 U.S.C. 661 et seq., 16 U.S.C. 703 et seq., 16
U.S.C. 668a et seq., 16 U.S.C. 469 et seq., and 16 U.S.C. 1531 et seq.
SOURCE: 48 FR 44391, Sept. 28, 1983, 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 - 6/30/00".]
30 CFR Sec. 773.1 Scope and purpose.
This part provides minimum requirements for permits and permit processing and covers obtaining and reviewing
permits; coordinating with other laws; public participation; permit decision and notification; permit conditions; and
permit term and right of renewal.
30 CFR Sec. 773.3 Information collection.
(a) Under the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the
information collection requirements of this part. Regulatory authorities will use this information in processing
surface coal mining permit applications. Persons intending to conduct such operations must respond to obtain a
benefit. A Federal agency may not conduct or sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number. The OMB clearance number for this part is
1029-0115.
(b) We estimate that the public reporting burden for this part will average 36 hours per response, including time
spent 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 these information collection requirements, including suggestions for reducing the burden, to the Office of
Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, Room 210, 1951
Constitution Avenue, NW, Washington, DC 20240. Please refer to OMB Control Number 1029-0115 in any
correspondence.
[48 FR 44391, Sept. 28, 1983; 59 FR 54352, Oct. 28, 1994; redesignated and revised at 65 FR 79663, Dec. 19,
2000]
30 CFR Sec. 773.4 Requirements to obtain permits.
(a) All operations. On and after 8 months from the effective date of a permanent regulatory program within a
State, no person shall engage in or carry out any surface coal mining operations, unless such person has first obtained
a permit issued by the regulatory authority except as provided for in paragraph (b) of this section. A permittee need
not renew the permit if no surface coal mining operations will be conducted under the permit and solely reclamation
activities remain to be done. Obligations established under a permit continue until completion of surface coal mining
and reclamation operations, regardless of whether the authorization to conduct surface coal mining operations has
expired or has been terminated, revoked, or suspended.
(b) Continuation of initial program operations. (1) If a State program receives final disapproval under part 732 of
this chapter, including judicial review of the disapproval, existing surface coal mining and reclamation operations
may continue pursuant to the provisions of subchapter B of this chapter and section 502 of the Act until
promulgation of a complete Federal program for the State. During this period, no new permits for surface coal
mining and reclamation operations shall be issued by the State. Permits that lapse during this period may continue in
full force and effect within the specified permit area until promulgation of a Federal program for the State.
(2) Except for coal preparation plants separately authorized to operate under 30 CFR 785.21(e), a person
conducting surface coal mining operations, under a permit issued or amended by the regulatory authority in
accordance with the requirements of section 502 of the Act, may conduct such operations beyond the period
prescribed in paragraph (a) of this section if--
(i) Not later than 2 months following the effective date of a permanent regulatory program, regardless of litigation
contesting that program, an application for a permanent regulatory program permit is filed for any operation to be
conducted after the expiration of 8 months from such effective date in accordance with the provisions of the
regulatory program;
(ii) The regulatory authority has not yet rendered an initial administrative decision approving or disapproving the
permit; and
(iii) The surface coal mining and reclamation operation is conducted in compliance with the requirements of the
Act, subchapter B of this chapter, applicable State statutes and regulations, and all terms and conditions of the initial
program authorization or permit.
(3) No new initial program permits may be issued after the effective date of a State program unless the application
was received prior to such date.
( c) Continued operations under Federal program permits. (1) A permit issued by the Director pursuant to a
Federal program for a State shall be valid under any superseding State program approved by the Secretary.
(2) The Federal permittee shall have the right to apply to the State regulatory authority for a State permit to
supersede the Federal permit.
(3) The State regulatory authority may review a permit issued pursuant to the superseded Federal program to
determine that the requirements of the Act and the approved State program are not violated by the Federal permit,
and to the extent that the approved State program contains additional requirements not contained in the Federal
program for the State, the State regulatory authority shall --
(i) Inform the permittee in writing;
(ii) Provide the permittee an opportunity for a hearing;
(iii) Provide the permittee a reasonable opportunity to resubmit the permit application in whole or in part, as
appropriate; and
(iv) Provide the permittee a reasonable time to conform ongoing surface coal mining and reclamation operations
to the requirements of the State program.
(d) Continued operations under State program permits. (1) A permit issued pursuant to a previously approved or
conditionally approved State program shall be valid under a superseding Federal program.
(2) Immediately following promulgation of a Federal program, the Director shall review the permits issued under
the previously approved State program to determine that the requirements of the Act, this chapter, and the Federal
program are not violated. If the Director determines that a permit was granted contrary to the requirments of this Act,
the Director shall --
(i) Inform the permittee in writing;
(ii) Provide the permittee an opportunity for a hearing;
(iii) Provide the permittee a reasonable opportunity to resubmit the permit application in whole or in part, as
appropriate; and
(iv) Provide the permittee a reasonable time to conform ongoing surface coal mining and reclamation operations
to the requirements of the Federal program, as prescribed in the Federal program for the State.
[48 FR 44391, Sept. 28, 1983, as amended at 53 FR 11607, Apr. 7, 1988; 54 FR 13823, Apr. 5, 1989; redesignated
at 65 FR 79663, Dec. 19, 2000]
30 CFR Sec. 773.5 Regulatory coordination with requirements under other laws.
Each regulatory program shall, to avoid duplication, provide for the coordination of review and issuance of
permits for surface coal mining and reclamation operations with applicable requirements of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C.
661 et seq.); the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. 703 et seq.); The National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470 et seq.); the Bald Eagle Protection Act, as amended (16 U.S.C.
668a); for Federal programs only, the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et seq.);
and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) where Federal and Indian lands
covered by that Act are involved.
[52 FR 4262, Feb. 10, 1987; redesignated at 65 FR 79663, Dec. 19, 2000]
30 CFR Sec. 773.6 Public participation in permit processing.
(a) Filing and public notice. (1) Upon submission of an administratively complete application, an applicant for a
permit, significant revision of a permit under Sec. 774.13, or renewal of a permit under Sec. 774.15, shall place an
advertisement in a local newspaper of general circulation in the locality of the proposed surface coal mining and
reclamation operation at least once a week for four consecutive weeks. A copy of the advertisement as it will appear
in the newspaper shall be submitted to the regulatory authority. The advertisement shall contain, at a minimum, the
following:
(i) The name and business address of the applicant.
(ii) A map or description which clearly shows or describes the precise location and boundaries of the proposed
permit area and is sufficient to enable local residents to readily identify the proposed permit area. It may include
towns, bodies of water, local landmarks, and any other information which would identify the location. If a map is
used, it shall indicate the north direction.
(iii) The location where a copy of the application is available for public inspection.
(iv) The name and address of the regulatory authority where written comments, objections, or requests for
informal conferences on the application may be submitted under paragraphs (b) and ( c) of this section.
(v) If an applicant seeks a permit to mine within 100 feet of the outside right-of-way of a public road or to relocate
or close a public road, except where public notice and hearing have previously been provided for this particular part
of the road in accordance with Sec. 761.14 of this chapter; a concise statement describing the public road, the
particular part to be relocated or closed, and the approximate timing and duration of the relocation or closing.
(vi) If the application includes a request for an experimental practice under Sec. 785.13, a statement indicating
that an experimental practice is requested and identifying the regulatory provisions for which a variance is requested.
(2) The applicant shall make an application for a permit, significant revision under Sec. 774.13, or renewal of a
permit under Sec. 774.15 available for the public to inspect and copy by filing a full copy of the application with the
recorder at the courthouse of the county where the mining is proposed to occur, or an accessible public office
approved by the regulatory authority. This copy of the application need not include confidential information exempt
from disclosure under paragraph (d) of this section. The application required by this paragraph shall be filed by the
first date of newspaper advertisement of the application. The applicant shall file any changes to the application with
the public office at the same time the change is submitted to the regulatory authority.
(3) Upon receipt of an administratively complete application for a permit, a significant revision to a permit under
Sec. 774.13, or a renewal of a permit under Sec. 774.15, the regulatory authority shall issue written notification
indicating the applicant's intention to mine the described tract of land, the application number or other identifier, the
location where the copy of the application may be inspected, and the location where comments on the application
may be submitted. The notification shall be sent to --
(i) Local governmental agencies with jurisdiction over or an interest in the area of the proposed surface coal
mining and reclamation operation, including but not limited to planning agencies, sewage and water treatment
authorities, water companies; and
(ii) All Federal or State governmental agencies with authority to issue permits and licenses applicable to the
proposed surface coal mining and reclamation operation and which are part of the permit coordinating process
developed in accordance with section 503(a)(6) or section 504(h) of the Act, or Sec. 773.5; or those agencies with an
interest in the proposed operation, including the U.S. Department of Agriculture Soil Conservation Service district
office, the local U.S. Army Corps of Engineers district engineer, the National Park Service, State and Federal fish
and wildlife agencies, and the historic preservation officer.
(b) Comments and objections on permit applications. (1) Within a reasonable time established by the regulatory
authority, written comments or objections on an application for a permit, significant revision to a permit under Sec.
774.13, or renewal of a permit under Sec. 774.15 may be submitted to the regulatory authority by public entities
notified under paragraph (a)(3) of this section with respect to the effects of the proposed mining operations on the
environment within their areas of responsibility.
(2) Written objections to an application for a permit, significant revision to a permit under Sec. 774.13, or renewal
of a permit under Sec. 774.15 may be submitted to the regulatory authority by any person having an interest which is
or may be adversely affected by the decision on the application, or by an officer or head of any Federal, State, or
local government agency or authority, within 30 days after the last publication of the newspaper notice required by
paragraph (a) of this section.
(3) The regulatory authority shall upon receipt of such written comments or objections --
(i) Transmit a copy of the comments or objections to the applicants; and
(ii) File a copy for public inspection at the same public office where the application is filed.
( c) Informal conferences. (1) Any person having an interest which is or may be adversely affected by the decision
on the application, or an officer or a head of a Federal, State, or local government agency, may request in writing that
the regulatory authority hold an informal conference on the application for a permit, significant revision to a permit
under Sec. 774.13, or renewal of a permit under Sec. 774.15. The request shall --
(i) Briefly summarize the issues to be raised by the requestor at the conference;
(ii) State whether the requestor desires to have the conference conducted in the locality of the proposed operation;
and
(iii) Be filed with the regulatory authority no later than 30 days after the last publication of the newspaper
advertisement required under paragraph (a) of this section.
(2) Except as provided in paragraph ( c)(3) of this section, if an informal conference is requested in accordance
with paragraph ( c)(1) of this section, the regulatory authority shall hold an informal conference within a reasonable
time following the receipt of the request. The informal conference shall be conducted as follows:
(i) If requested under paragraph ( c)(1)(ii) of this section, it shall be held in the locality of the proposed surface
coal mining and reclamation operation.
(ii) The date, time, and location of the informal conference shall be sent to the applicant and other parties to the
conference and advertised by the regulatory authority in a newspaper of general circulation in the locality of the
proposed surface coal mining and reclamation operation at least 2 weeks before the scheduled conference.
(iii) If requested in writing by a conference requestor at a reasonable time before the conference, the regulatory
authority may arrange with the applicant to grant parties to the conference access to the proposed permit area and, to
the extent that the applicant has the right to grant access to it, to the adjacent area prior to the established date of the
conference for the purpose of gathering information relevant to the conference.
(iv) The requirements of section 5 of the Administrative Procedure Act, as amended (5 U.S.C. 554), shall not
apply to the conduct of the informal conference. The conference shall be conducted by a representative of the
regulatory authority, who may accept oral or written statements and any other relevant information from any party to
the conference. An electronic or stenographic record shall be made of the conference, unless waived by all the
parties. The record shall be maintained and shall be accessible to the parties of the conference until final release of
the applicant's performance bond or other equivalent guarantee pursuant to subchapter J of this chapter.
(3) If all parties requesting the informal conference withdraw their request before the conference is held, the
informal conference may be canceled.
(4) Informal conference held in accordances with this section may be used by the regulatory authority as the public
hearing required under Sec. 761.12(d) of this chapter on proposed relocation or closing of public roads.
(d) Public availability of permit applications -- (1) General availability. Except as provided in paragraph (d)(2) or
(d)(3) of this section, all applications for permits; revisions; renewals; and transfers, assignments or sales of permit
rights on file with the regulatory authority shall be available, at reasonable times, for public inspection and copying.
(2) Limited availability. Except as provided in paragraph (d)(3)(i) of this section, information pertaining to coal
seams, test borings, core samplings, or soil samples in an application shall be made available to any person with an
interest which is or may be adversely affected. Information subject to this paragraph shall be made available to the
public when such information is required to be on public file pursuant to State law.
(3) Confidentiality. The regulatory authority shall provide procedures, including notice and opportunity to be
heard for persons both seeking and opposing disclosure, to ensure confidentiality of qualified confidential
information, which shall be clearly identified by the applicant and submitted separately from the remainder of the
application. Confidential information is limited to --
(i) Information that pertains only to the analysis of the chemical and physical properties of the coal to be mined,
except information on components of such coal which are potentially toxic in the environment;
(ii) Information required under section 508 of the Act that is not on public file pursuant to State law and that the
applicant has requested in writing to be held confidential;
(iii) Information on the nature and location of archeological resources on public land and Indian land as required
under the Archeological Resources Protection Act of 1979 (Pub. L. 96-95, 93 Stat. 721, 16 U.S.C. 470).
[48 FR 44391, Sept. 28, 1983; 64 FR 70837, Dec. 17, 1999; redesignated and amended at 65 FR 79663, Dec. 19,
2000]
30 CFR Sec. 773.7 Review of permit applications.
(a) The regulatory authority shall review the application for a permit, revision, or renewal; written comments and
objections submitted; and records of any informal conference or hearing held on the application and issue a written
decision, within a reasonable time set by the regulatory authority, either granting, requiring modification of, or
denying the application. If an informal conference is held under Sec. 773.13( c), the decision shall be made within 60
days of the close of the conference, unless a later time is necessary to provide an opportunity for a hearing under
paragraph (b)(2) of this section.
(b) The applicant for a permit or revision of a permit shall have the burden of establishing that his application is in
compliance with all the requirements of the regulatory program.
[65 FR 79663, Dec. 19, 2000]
30 CFR Sec. 773.8 General provisions for review of permit application information and entry of information
into AVS.
(a) Based on an administratively complete application, we, the regulatory authority, must undertake the reviews
required under Secs. 773.9 through 773.11 of this part.
(b) We will enter into AVS --
(1) The ownership and control information you submit under Secs. 778.11 and 778.12( c)of this subchapter.
(2) The information you submit under Sec. 778.14 of this subchapter pertaining to violations which are unabated
or uncorrected after the abatement or correction period has expired.
( c) We must update the information referred to in paragraph (b) of this section in AVS upon our verification of
any additional information submitted or discovered during our permit application review.
[65 FR 79663, Dec. 19, 2000]
30 CFR Sec. 773.9 Review of applicant, operator, and ownership and control information.
(a) We, the regulatory authority, will rely upon the applicant, operator, and ownership and control information that
you, the applicant, submit under Sec. 778.11 of this subchapter, information from AVS, and any other available
information, to review your and your operator's business structure and ownership or control relationships.
(b) We must conduct the review required under paragraph (a) of this section before making a permit eligibility
determination under Sec. 773.12 of this part.
[65 FR 79664, Dec. 19, 2000]
30 CFR Sec. 773.10 Review of permit history.
(a) We, the regulatory authority, will rely upon the permit history information you, the applicant, submit under
Sec. 778.12 of this subchapter, information from AVS, and any other available information to review your and your
operator's permit histories. We must conduct this review before making a permit eligibility determination under Sec.
773.12 of this part.
(b) We will also determine if you, your operator, or any of your controllers disclosed under Secs. 778.11( c)(5)
and 778.11(d) of this subchapter have previous mining experience.
( c) If you, your operator, your controllers, or your operator's controllers do not have any previous mining
experience, we may conduct additional reviews under Sec. 774.11(f) of this subchapter. The purpose of this review
will be to determine if someone else with mining experience controls the mining operation and was not disclosed
under Sec. 778.11( c)(5) of this subchapter.
[65 FR 79664, Dec. 19, 2000]
30 CFR Sec. 773.11 Review of compliance history.
(a) We, the regulatory authority, will rely upon the violation information supplied by you, the applicant, under
Sec. 778.14 of this subchapter, a report from AVS, and any other available information to review histories of
compliance with the Act or the applicable State regulatory program, and any other applicable air or water quality
laws, for --
(1) You;
(2) Your operator;
(3) Operations you own or control; and
(4) Operations your operator owns or controls.
(b) We must conduct the review required under paragraph (a) of this section before making a permit eligibility
determination under Sec. 773.12 of this part.
[65 FR 79664, Dec. 19, 2000]
30 CFR Sec. 773.12 Permit eligibility determination.
Based on the reviews required under Secs. 773.9 through 773.11 of this part, we, the regulatory authority, will
determine whether you, the applicant, are eligible for a permit under section 510( c) of the Act.
(a) Except as provided in Secs. 773.13 and 773.14 of this part, you are not eligible for a permit if we find that any
surface coal mining operation that --
(1) You directly own or control has an unabated or uncorrected violation;
(2) You or your operator indirectly own or control, regardless of when the ownership or control began, has an
unabated or uncorrected violation cited on or after November 2, 1988; or
(3) You or your operator indirectly own or control has an unabated or uncorrected violation, regardless of the date
the violation was cited, and your ownership or control was established on or after November 2, 1988.
(b) You are eligible to receive a permit under section 510( c) of the Act if any surface coal mining operation you
or your operator indirectly own or control has an unabated or uncorrected violation and both the violation and your
assumption of ownership or control occurred before November 2, 1988. However, you are not eligible to receive a
permit if there was an established legal basis, independent of authority under section 510( c) of the Act, to deny the
permit at the time you or your operator assumed indirect ownership or control or at the time the violation was cited,
whichever is earlier.
( c) We will not issue you a permit if you or your operator are permanently ineligible to receive a permit under
Sec. 774.11( c) of this subchapter.
(d) After we approve your permit under Sec. 773.15 of this part, we will not issue the permit until you comply
with the information update and certification requirement of Sec. 778.9(d) of this subchapter. After you complete
that requirement, we will again request a compliance history report from AVS to determine if there are any unabated
or uncorrected violations which affect your permit eligibility under paragraphs (a) and (b) of this section. We will
request this report no more than five business days before permit issuance under Sec. 773.19 of this part.
(e) If you are ineligible for a permit under this section, we will send you written notification of our decision. The
notice will tell you why you are ineligible and include notice of your appeal rights under part 775 of this subchapter
and 43 CFR 4.1360 through 4.1369.
[65 FR 79664, Dec. 19, 2000]
30 CFR Sec. 773.13 Unanticipated events or conditions at remining sites.
(a) You, the applicant, are eligible for a permit under Sec. 773.12 if an unabated violation --
(1) Occurred after October 24, 1992; and
(2) Resulted from an unanticipated event or condition at a surface coal mining and reclamation operation on lands
that are eligible for remining under a permit that was --
(i) Issued before September 30, 2004, including subsequent renewals; and
(ii) Held by the person applying for the new permit.
(b) For permits issued under Sec. 785.25 of this subchapter, an event or condition is presumed to be unanticipated
for the purpose of this section if it --
(1) Arose after permit issuance;
(2) Was related to prior mining; and
(3) Was not identified in the permit application.
[65 FR 79664, Dec. 19, 2000]
30 CFR Sec. 773.14 Eligibility for provisionally issued permits.
(a) This section applies to you if you are an applicant who owns or controls a surface coal mining and reclamation
operation with --
(1) A notice of violation issued under Sec. 843.12 of this chapter or the State regulatory program equivalent for
which the abatement period has not yet expired; or
(2) A violation that is unabated or uncorrected beyond the abatement or correction period.
(b) We, the regulatory authority, may find you eligible for a provisionally issued permit if you demonstrate that
one or more of the following circumstances exists with respect to all violations listed in paragraph (a) of this section
--
(1) For violations meeting the criteria of paragraph (a)(1) of this section, you certify that the violation is being
abated to the satisfaction of the regulatory authority with jurisdiction over the violation, and we have no evidence to
the contrary.
(2) As applicable, you, your operator, and operations that you or your operator own or control are in compliance
with the terms of any abatement plan (or, for delinquent fees or penalties, a payment schedule) approved by the
agency with jurisdiction over the violation.
(3) You are pursuing a good faith --
(i) Challenge to all pertinent ownership or control listings or findings under Secs. 773.25 through 773.27 of this
part; or
(ii) Administrative or judicial appeal of all pertinent ownership or control listings or findings, unless there is an
initial judicial decision affirming the listing or finding and that decision remains in force.
(4) The violation is the subject of a good faith administrative or judicial appeal contesting the validity of the
violation, unless there is an initial judicial decision affirming the violation and that decision remains in force.
( c) We will consider a provisionally issued permit to be improvidently issued, and we must immediately initiate
procedures under Secs. 773.22 and 773.23 of this part to suspend or rescind that permit, if --
(1) Violations included in paragraph (b)(1) of this section are not abated within the specified abatement period;
(2) You, your operator, or operations that you or your operator own or control do not comply with the terms of an
abatement plan or payment schedule mentioned in paragraph (b)(2) of this section;
(3) In the absence of a request for judicial review, the disposition of a challenge and any subsequent administrative
review referenced in paragraph (b)(3) or (4) of this section affirms the validity of the violation or the ownership or
control listing or finding; or
(4) The initial judicial review decision referenced in paragraph (b)(3)(ii) or (4) of this section affirms the validity
of the violation or the ownership or control listing or finding.
[65 FR 79664, Dec. 19, 2000]
30 CFR Sec. 773.15 Written findings for permit application approval.
Written findings for permit application approval. No permit application or application for a significant revision of
a permit shall be approved unless the application affirmatively demonstrates and the regulatory authority finds, in
writing, on the basis of information set forth in the application or from information otherwise available that is
documented in the approval, the following:
(a) The application is accurate and complete and the applicant has complied with all requirements of the Act and
the regulatory program.
(b) The applicant has demonstrated that reclamation as required by the Act and the regulatory program can be
accomplished under the reclamation plan contained in the permit application.
( c) The proposed permit area is --
(1) Not within an area under study or administrative proceedings under a petition, filed pursuant to parts 764 and
769 of this chapter, to have an area designated as unsuitable for surface coal mining operations, unless the applicant
demonstrates that before January 4, 1977, he has made substantial legal and financial commitments in relation to the
operation covered by the permit application; or
(2) Not within an area designated as unsuitable for surface coal mining operations under parts 762 and 764 or 769
of this chapter or within an area subject to the prohibitions of Sec. 761.11 of this chapter.
(d) For mining operations where the private mineral estate to be mined has been severed from the private surface
estate, the applicant has submitted to the regulatory authority the documentation required under Sec. 778.15(b) of
this chapter.
(e) The regulatory authority has made an assessment of the probable cumulative impacts of all anticipated coal
mining on the hydrologic balance in the cumulative impact area and has determined that the proposed operation has
been designed to prevent material damage to the hydrologic balance outside the permit area.
(f) The applicant has demonstrated that any existing structure will comply with Sec. 701.11(d), and the applicable
performance standards of subchapter B or K of this chapter.
(g) The applicant has paid all reclamation fees from previous and existing operations as required by subchapter R
of this chapter.
(h) The applicant has satisfied the applicable requirements of part 785 of this chapter.
(i) The applicant has, if applicable, satisfied the requirements for approval of a long-term, intensive agricultural
postmining land use, in accordance with the requirements of Sec. 816.111(d) or 817.111(d).
(j) The operation would not affect the continued existence of endangered or threatened species or result in
destruction or adverse modification of their critical habitats, as determined under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(k) The regulatory authority has taken into account the effect of the proposed permitting action on properties listed
on and eligible for listing on the National Register of Historic Places. This finding may be supported in part by
inclusion of appropriate permit conditions or changes in the operation plan protecting historic resources, or a
documented decision that the regulatory authority has determined that no additional protection measures are
necessary.
(l) For a proposed remining operation where the applicant intends to reclaim in accordance with the requirements
of Secs. 816.106 or 817.106 of this chapter, the site of the operation is a previously mined area as defined in Sec.
701.5 of this chapter.
(m) For permits to be issued under Sec. 785.25 of this chapter, the permit application must contain:
(i) Lands eligible for remining;
(ii) An identification of the potential environmental and safety problems related to prior mining activity which
could reasonably be anticipated to occur at the site; and
(iii) Mitigation plans to sufficiently address these potential environmental and safety problems so that reclamation
as required by the applicable requirements of the regulatory program can be accomplished.
(n) The applicant is eligible to receive a permit, based on the reviews under Secs. 773.7 through 773.14 of this
part.
[48 FR 44391, Sept. 28, 1983, as amended at 52 FR 4262, Feb. 10, 1987; 52 FR 17529, May 8, 1987; 53 FR 38890,
Oct. 3, 1988; 54 FR 8991, Mar. 2, 1989; 59 FR 54352, Oct. 28, 1994; 60 FR 58480, 58491, Nov. 27, 1995; 62 FR
19458, Apr. 21, 1997; 64 FR 70837, Dec. 17, 1999; 65 FR 79663, Dec. 19, 2000]
30 CFR Sec. 773.16 Performance bond submittal.
If the regulatory authority decides to approve the application, it shall require that the applicant file the
performance bond or provide other equivalent guarantee before the permit is issued, in accordance with the
provisions of subchapter J of this chapter.
[65 FR 79663, Dec. 19, 2000]
30 CFR Sec. 773.17 Permit conditions.
Each permit issued by the regulatory authority shall be subject to the following conditions:
(a) The permittee shall conduct surface coal mining and reclamation operations only on those lands that are
specifically designated as the permit area on the maps submitted with the application and authorized for the term of
the permit and that are subject to the performance bond or other equivalent guarantee in effect pursuant to subchapter
J of this chapter.
(b) The permittee shall conduct all surface coal mining and reclamation operations only as described in the
approved application, except to the extent that the regulatory authority otherwise directs in the permit.
( c) The permittee shall comply with the terms and conditions of the permit, all applicable performance standards
of the Act, and the requirements of the regulatory program.
(d) Without advance notice, delay, or a search warrant, upon presentation of appropriate credentials, the permittee
shall allow the authorized representatives of the Secretary and the State regulatory authority to --
(1) Have the right of entry provided for in Secs. 842.13 and 840.12 of this chapter; and
(2) Be accompanied by private persons for the purpose of conducting an inspection in accordance with parts 840
and 842, when the inspection is in response to an alleged violation reported to the regulatory authority by the private
person.
(e) The permittee shall take all possible steps to minimize any adverse impact to the environment or public health
and safety resulting from noncompliance with any term or condition or the permit, including, but not limited to --
(1) Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and
the results of the noncompliance;
(2) Immediate implementation of measures necessary to comply; and
(3) Warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in
imminent danger due to the noncompliance.
(f) As applicable, the permittee shall comply with Sec. 701.11(d) and subchapter B or K of this chapter for
compliance, modification, or abandonment of existing structures.
(g) The operator shall pay all reclamation fees required by subchapter R of this chapter for coal produced under
the permit for sale, transfer or use, in the manner required by that subchapter.
[48 FR 44391, Sept. 28, 1983, as amended at 49 FR 27499, July 5, 1984; 54 FR 8991, Mar. 2, 1989; 62 FR 19450,
19459, Apr. 21, 1997; 65 FR 79663, Dec. 19, 2000]
30 CFR Sec. 773.19 Permit issuance and right of renewal.
(a) Decision. If the application is approved, the permit shall be issued upon submittal of a performance bond in
accordance with subchapter J. If the application is disapproved, specific reasons therefore shall be set forth in the
notification required by paragraph (b) of this section.
(b) Notification. The regulatory authority shall issue written notification of the decision to the following persons
and entities:
(1) The applicant, each person who files comments or objections to the permit application, and each party to an
informal conference.
(2) The local governmental officials in the local political subdivision in which the land to be affected is located
within 10 days after the issuance of a permit, including a description of the location of the land.
(3) If the regulatory authority is a State agency, the local OSM office.
( c) Permit term. Each permit shall be issued for a fixed term of 5 years or less, unless the requirements of Sec.
778.17 of this chapter are met.
(d) Right of renewal. Permit application approval shall apply to those lands that are specifically designated as the
permit area on the maps submitted with the application and for which the application is complete and accurate. Any
valid permit issued in accordance with paragraph (a) of this section shall carry with it the right of successive renewal,
within the approved boundaries of the existing permit, upon expiration of the term of the permit, in accordance with
Sec. 774.15.
(e) Initiation of operations. (1) A permit shall terminate if the permittee has not begun the surface coal mining and
reclamation operation covered by the permit within 3 years of the issuance of the permit.
(2) The regulatory authority may grant a reasonable extension of time for commencement of these operations,
upon receipt of a written statement showing that such an extension of time is necessary, if--
(i) Litigation precludes the commencement or threatens substantial economic loss to the permittee; or
(ii) There are conditions beyond the control and without the fault or negligence of the permittee.
(3) With respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating
facility, the permittee shall be deemed to have commenced surface mining operations at the time that the construction
of the synthetic fuel or generating facility is initiated.
(4) Extensions of time granted by the regulatory authority under this paragraph shall be specifically set forth in the
permit, and notice of the extension shall be made public by the regulatory authority.
30 CFR Sec. 773.21 Initial review and finding requirements for improvidently issued permits.
(a) If we, the regulatory authority, have reason to believe that we improvidently issued a permit to you, the
permittee, we must review the circumstances under which the permit was issued. We will make a preliminary finding
that your permit was improvidently issued if, under the permit eligibility criteria of the applicable regulations
implementing section 510( c) of the Act in effect at the time of permit issuance, your permit should not have been
issued because you or your operator owned or controlled a surface coal mining and reclamation operation with an
unabated or uncorrected violation.
(b) We will make a finding under paragraph (a) of this section only if you or your operator --
(1) Continue to own or control the operation with the unabated or uncorrected violation;
(2) The violation remains unabated or uncorrected; and
(3) The violation would cause you to be ineligible under the permit eligibility criteria in our current regulations.
( c) When we make a preliminary finding under paragraph (a) of this section, we must --
(1) Serve you with a written notice of the preliminary finding; and
(2) Post the notice at our office closest to the permit area and on the AVS Office Internet home page (Internet
address: http://www.avs.osmre.gov).
(d) Within 30 days of receiving a notice under paragraph ( c) of this section, you may challenge the preliminary
finding by providing us with evidence as to why the permit was not improvidently issued under the criteria in
paragraphs (a) and (b) of this section.
(e) The provisions of Secs. 773.25 through 773.27 of this part apply when a challenge under paragraph (d) of this
section concerns a preliminary finding under paragraphs (a) and (b)(1) of this section that you or your operator
currently own or control, or owned or controlled, a surface coal mining operation.
[54 FR 18463, Apr. 28, 1989; 59 FR 54353, Oct. 28, 1994; 62 FR 19459, Apr. 21, 1997; 65 FR 79665, Dec. 19,
2000]
30 CFR Sec. 773.22 Notice requirements for improvidently issued permits.
(a) We, the regulatory authority, must serve you, the permittee, with a written notice of proposed suspension or
rescission, together with a statement of the reasons for the proposed suspension of rescission, if --
(1) After considering any evidence submitted under Sec. 773.21(d) of this part, we find that a permit was
improvidently issued under the criteria in paragraphs (a) and (b) of Sec. 773.21 of this part; or
(2) Your permit was provisionally issued under Sec. 773.14(b) of this part and one or more of the conditions in
Secs. 773.14( c)(1) through (4) exists.
(b) If we propose to suspend your permit, we will provide 60 days notice.
( c) If we propose to rescind your permit, we will provide 120 days notice.
(d) We will also post the notice at our office closest to the permit area and on the AVS Office Internet home page
(Internet address: http://www.avs.osmre.gov).
(e) If you wish to appeal the notice, you must exhaust administrative remedies under the procedures at 43 CFR
4.1370 through 4.1377 (when OSM is the regulatory authority) or under the State regulatory program equivalent
(when a State is the regulatory authority).
(f) After we serve you with a notice of proposed suspension or rescission under this section, we will take action
under Sec. 773.23 of this part.
(g) The regulations for service at Sec. 843.14 of this chapter, or the State regulatory program equivalent, will
govern service under this section.
(h) The times specified in paragraphs (b) and ( c) of this section will apply unless you obtain temporary relief
under the procedures at 43 CFR 4.1376 or the State regulatory program equivalent.
[59 FR 54353, Oct. 28, 1994; 65 FR 79665, Dec. 19, 2000]
30 CFR Sec. 773.23 Suspension or rescission requirements for improvidently issued permits.
(a) Except as provided in paragraph (b) of this section, we, the regulatory authority, must suspend or rescind your
permit upon expiration of the time specified in Sec. 773.22(b) or ( c) of this part unless you submit evidence and we
find that --
(1) The violation has been abated or corrected to the satisfaction of the agency with jurisdiction over the violation;
(2) You or your operator no longer own or control the relevant operation;
(3) Our finding for suspension or rescission was in error;
(4) The violation is the subject of a good faith administrative or judicial appeal (unless there is an initial judicial
decision affirming the violation, and that decision remains in force);
(5) The violation is the subject of an abatement plan or payment schedule that is being met to the satisfaction of
the agency with jurisdiction over the violation; or
(6) You are pursuing a good faith challenge or administrative or judicial appeal of the relevant ownership or
control listing or finding (unless there is an initial judicial decision affirming the listing or finding, and that decision
remains in force).
(b) If you have requested administrative review of a notice of proposed suspension or rescission under Sec.
773.22(e) of this part, we will not suspend or rescind your permit unless and until the Office of Hearings and
Appeals or its State counterpart affirms our finding that your permit was improvidently issued.
( c) When we suspend or rescind your permit under this section, we must --
(1) Issue you a written notice requiring you to cease all surface coal mining operations under the permit; and
(2) Post the notice at our office closest to the permit area and on the AVS Office Internet home page (Internet
address: http://www.avs.osmre.gov).
(d) If we suspend or rescind your permit under this section, you may request administrative review of the notice
under the procedures at 43 CFR 4.1370 through 4.1377 (when OSM is the regulatory authority) or under the State
regulatory program equivalent (when a State is the regulatory authority). Alternatively, you may seek judicial review
of the notice.
[59 FR 54354, Oct. 28, 1994, as corrected at 59 FR 61656, Dec. 1, 1994; 65 FR 79665, Dec. 19, 2000]
30 CFR Sec. 773.25 Who may challenge ownership or control listings and findings.
You may challenge a listing or finding of ownership or control using the provisions under Secs. 773.26 and
773.27 of this part if you are --
(a) Listed in a permit application or in AVS as an owner or controller of an entire surface coal mining operation,
or any portion or aspect thereof;
(b) Found to be an owner or controller of an entire surface coal mining operation, or any portion or aspect thereof,
under Secs. 773.21 or 774.11(f) of this subchapter; or
( c) An applicant or permittee affected by an ownership or control listing or finding.
[59 FR 54355, Oct. 28, 1994, as corrected at 59 FR 61656, Dec. 1, 1994; 65 FR 79666, Dec. 19, 2000]
30 CFR Sec. 773.26 How to challenge an ownership or control listing or finding.
This section applies to you if you challenge an ownership or control listing or finding.
(a) To challenge an ownership or control listing or finding, you must submit a written explanation of the basis for
the challenge, along with any evidence or explanatory materials you wish to provide under Sec. 773.27(b) of this
part, to the regulatory authority, as identified in the following table.
______________________________________________________________________________
If the challenge concerns a... Then you must submit a written
explanation to...
(1) Pending Federal permit application OSM.
Or Federally issued permit
(2) Pending State permit application The State regulatory authority
or State-issued permit with jurisdiction over the
application or permit.
______________________________________________________________________________
(b) The provisions of this section and of Secs. 773.27 and 773.28 of this part apply only to challenges to
ownership or control listings or findings. You may not use these provisions to challenge your liability or
responsibility under any other provision of the Act or its implementing regulations.
( c) When the challenge concerns a violation under the jurisdiction of a different regulatory authority, the
regulatory authority with jurisdiction over the permit application or permit must consult the regulatory authority with
jurisdiction over the violation and the AVS Office to obtain additional information.
(d) A regulatory authority responsible for deciding a challenge under paragraph (a) of this section may request an
investigation by the AVS Office.
[65 FR 79666, Dec. 19, 2000]
30 CFR Sec. 773.27 Burden of proof for ownership or control challenges.
This section applies to you if you challenge an ownership or control listing or finding.
(a) When you challenge a listing or finding of ownership or control of a surface coal mining operation, you must
prove by a preponderance of the evidence that you either --
(1) Do not own or control the entire operation or relevant portion or aspect thereof; or
(2) Did not own or control the entire operation or relevant portion or aspect thereof during the relevant time
period.
(b) In meeting your burden of proof, you must present reliable, credible, and substantial evidence and any
explanatory materials to the regulatory authority. The materials presented in connection with your challenge will
become part of the permit file, an investigation file, or another public file. If you request, we will hold as confidential
any information you submit under this paragraph which is not required to be made available to the public under Sec.
842.16 of this chapter (when OSM is the regulatory authority) or under Sec. 840.14 of this chapter (when a State is
the regulatory authority).
( c) Materials you may submit in response to the requirements of paragraph (b) of this section include, but are not
limited to --
(1) Notarized affidavits containing specific facts concerning the duties that you performed for the relevant
operation, the beginning and ending dates of your ownership or control of the operation, and the nature and details of
any transaction creating or severing your ownership or control of the operation.
(2) Certified copies of corporate minutes, stock ledgers, contracts, purchase and sale agreements, leases,
correspondence, or other relevant company records.
(3) Certified copies of documents filed with or issued by any State, municipal, or Federal governmental agency.
(4) An opinion of counsel, when supported by --
(i) Evidentiary materials;
(ii) A statement by counsel that he or she is qualified to render the opinion; and
(iii) A statement that counsel has personally and diligently investigated the facts of the matter.
[65 FR 79666, Dec. 19, 2000]
30 CFR Sec. 773.28 Written agency decision on challenges to ownership or control listings or findings.
(a) Within 60 days of receipt of your challenge under Sec. 773.26(a) of this part, we, the regulatory authority
identified under Sec. 773.26(a) of this part, will review and investigate the evidence and explanatory materials you
submit and any other reasonably available information bearing on your challenge and issue a written decision. Our
decision must state whether you own or control the relevant surface coal mining operation, or owned or controlled
the operation, during the relevant time period.
(b) We will promptly provide you with a copy of our decision by either --
(1) Certified mail, return receipt requested; or
(2) Any means consistent with the rules governing service of a summons and complaint under Rule 4 of the
Federal Rules of Civil Procedure, or its State regulatory program counterparts.
( c) Service of the decision on you is complete upon delivery and is not incomplete if you refuse to accept
delivery.
(d) We will post all decisions made under this section on AVS and on the AVS Office Internet home page
(Internet address: http://www.avs.osmre.gov).
(e) Any person who receives a written decision under this section, and who wishes to appeal that decision, must
exhaust administrative remedies under the procedures at 43 CFR 4.1380 through 4.1387 or, when a State is the
regulatory authority, the State regulatory program counterparts, before seeking judicial review.
(f) Following our written decision or any decision by a reviewing administrative or judicial tribunal, we must
review the information in AVS to determine if it is consistent with the decision. If it is not, we must promptly revise
the information in AVS to reflect the decision.
[65 FR 79666, Dec. 19, 2000]
PART 774 -- REVISION; RENEWAL; TRANSFER, ASSIGNMENT, OR SALE OF PERMIT
RIGHTS; POST-PERMIT ISSUANCE REQUIREMENTS; AND OTHER ACTIONS BASED ON
OWNERSHIP, CONTROL, AND VIOLATION INFORMATION
Sec.
774.1 Scope and purpose
774.9 Information collection
774.10 Regulatory authority review of permits
774.11 Post-permit issuance requirements for regulatory authorities and other actions based on ownership, control,
and violation information.
774.12 Post-permit issuance information requirements for permittees
774.13 Permit revisions
774.15 Permit renewals
774.17 Transfer, assignment, or sale of permit rights
AUTHORITY: 30 U.S.C. 1201 et seq., as amended; and Pub. L, 100-34
SOURCE: 48 FR 44395, Sept. 28, 1983, 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 - 6/30/00".]
30 CFR Sec. 774.1 Scope and purpose.
This part provides requirements for revision; renewal; transfer, assignment, or sale of permit rights; entering and
updating information in AVS following the issuance of a permit; post-permit issuance requirements for regulatory
authorities and permittees; and other actions based on ownership, control, and violation information.
[65 FR 79667, Dec. 19, 2000]
30 CFR Sec. 774.9 Information collection.
(a) Under the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the
information collection requirements of this part. Regulatory authorities will use this information to: (1) Determine if
the applicant meets the requirements for revision; renewal; transfer, assignment, or sale of permit rights;
(2) Enter and update information in AVS following the issuance of a permit; and
(3) Fulfill post-permit issuance requirements and other obligations based on ownership, control, and violation
information. Persons must respond to obtain a benefit. A Federal agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it displays a currently valid OMB control number. The
OMB clearance number for this part is 1029-0116.
(b) We estimate that the public reporting burden for this part will average 8 hours per response, including time
spent 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 these information collection requirements, including suggestions for reducing the burden, to the Office of
Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, Room 210, 1951
Constitution Avenue, NW, Washington, DC 20240. Please refer to OMB Control Number 1029-0116 in any
correspondence.
[54 FR 13823, Apr. 5, 1989; redesignated and revised at 65 FR 79667, Dec. 19, 2000]
30 CFR Sec. 774.10 Regulatory authority review of permits.
(a) The regulatory authority shall review each permit issued and outstanding under an approved regulatory
program during the term of the permit. This review shall occur not later than the middle of each permit term and as
follows:
(1) Permits with a term longer than 5 years shall be reviewed no less frequently than the permit midterm or every 5
years, whichever is more frequent.
(2) Permits with variances granted in accordance with Sec. 785.14 of this chapter (mountaintop removal) and Sec.
785.18 of this chapter (variance for delay in contemporaneous reclamation requirement in combined surface and
underground mining operations) of this chapter shall be reviewed no later than 3 years from the date of issuance of
the permit unless, for variances issued in accordance with Sec. 785.14 of this chapter, the permittee affirmatively
demonstrates that the proposed development is proceeding in accordance with the terms of the permit.
(3) Permits containing experimental practices issued in accordance with Sec. 785.13 of this chapter and permits
with a variance from approximate original contour requirements in accordance with Sec. 785.16 shall be reviewed as
set forth in the permit or at least every 2 1/2 years from the date of issuance as required by the regulatory authority,
in accordance with Secs. 785.13(g) and 785.16( c) of this chapter, respectively.
(b) After the review required by paragraph (a) of this section, or at any time, the regulatory authority may, by
order, require reasonable revision of a permit in accordance with Sec. 774.13 to ensure compliance with the Act and
the regulatory program.
( c) Any order of the regulatory authority requiring revision of a permit shall be based upon written findings and
shall be subject to the provisions for administrative and judicial review in part 775 of this chapter. Copies of the
order shall be sent to the permittee.
(d) Permits may be suspended or revoked in accordance with subchapter L of this chapter.
[48 FR 44395, Sept. 28, 1983; redesignated at 65 FR 79667, Dec. 19, 2000]
30 CFR Sec. 774.11 Post-permit issuance requirements for regulatory authorities and other actions based on
ownership, control, and violation information.
(a) For the purposes of future permit eligibility determinations and enforcement actions, we, the regulatory
authority, must enter into AVS the data shown in the following table --
______________________________________________________________________________
We must enter into AVS all... within 30 days after...
(1)Permit records the permit is issued or subsequent
changes made.
(2)Unabated or uncorrected the abatement or correction period
violations for a violation expires.
(3)Changes of ownership or receiving notice of a change.
control
(4)Changes in violation status abatement, correction, or termination
of a violation, or a decision from
an administrative or judicial tribunal.
______________________________________________________________________________
(b) If, at any time, we discover that any person owns or controls an operation with an unabated or uncorrected
violation, we will determine whether enforcement action is appropriate under part 843, 846 or 847 of this chapter.
We must enter the results of each enforcement action, including administrative and judicial decisions, into AVS.
( c) We must serve a preliminary finding of permanent permit ineligibility under section 510( c) of the Act on you,
an applicant or operator, if the criteria in paragraphs ( c)(1) and ( c)(2) are met. In making a finding under this
paragraph, we will only consider control relationships and violations which would make, or would have made, you
ineligible for a permit under Secs. 773.12(a) and (b) of this subchapter. We must make a preliminary finding of
permanent permit ineligibility if we find that --
(1) You control or have controlled surface coal mining and reclamation operations with a demonstrated pattern of
willful violations under section 510( c) of the Act; and
(2) The violations are of such nature and duration with such resulting irreparable damage to the environment as to
indicate your intent not to comply with the Act, its implementing regulations, the regulatory program, or your permit.
(d) You may request a hearing on a preliminary finding of permanent permit ineligibility under 43 CFR 4.1350
through 4.1356.
(e) We must enter the results of the finding and any hearing into AVS.
(f) At any time, we may identify any other person who owns or controls an entire operation or any relevant portion
or aspect thereof. If we identify such a person, we must --
(1) Issue a written finding to the person and the applicant or permittee describing the nature and extent of
ownership or control; and
(2) Enter our finding under paragraph (f)(1) of this section into AVS; and
(3) Require the person to --
(i) Disclose their identity under Sec. 778.11( c)(5) of this subchapter; and
(ii) Certify they are a controller under Sec. 778.11(d) of this subchapter, if appropriate.
(g) A person we identify under paragraph (f)(1) of this section may challenge the finding using the provisions of
Secs. 773.25, 773.26 and 773.27 of this subchapter.
[65 FR 79667, Dec. 19, 2000]
30 CFR Sec. 774.12 Post-permit issuance information requirements for permittees.
(a) Within 30 days after the issuance of a cessation order under Sec. 843.11 of this chapter, or its State regulatory
program equivalent, you, the permittee, must provide or update all the information required under Sec. 778.11 of this
subchapter.
(b) You do not have to submit information under paragraph (a) of this section if a court of competent jurisdiction
grants a stay of the cessation order and the stay remains in effect.
( c) Within 60 days of any addition, departure, or change in position of any person identified in Sec. 778.11( c) or
(d) of this subchapter, you must provide --
(1) The information required under Sec. 778.11(e) of this subchapter; and
(2) The date of any departure.
[65 FR 79667, Dec. 19, 2000]
30 CFR Sec. 774.13 Permit revisions.
(a) General. During the term of a permit, the permittee may submit an application to the regulatory authority for a
revision of the permit.
(b) Application requirements and procedures. the regulatory authority shall establish --
(1) A time period within which the regulatory authority will approve or disapprove an application for a permit
revision; and
(2) Guidelines establishing the scale or extent of revisions for which all the permit application information
requirements and procedures of this subchapter, including notice, public participation, and notice of decision
requirements of Secs. 773.6, 773.19(b) (1) and (3), and 778.21, shall apply. Such requirements and procedures shall
apply at a minimum to all significant permit revisions.
( c) Criteria for approval. No application for a permit revision shall be approved unless the application
demonstrates and the regulatory authority finds that reclamation as required by the Act and the regulatory program
can be accomplished, applicable requirements under Sec. 773.15 which are pertinent to the revision are met, and the
application for a revision complies with all requirements of the Act and the regulatory program.
(d) Request to change permit boundary. Any extensions to the area covered by the permit, except incidental
boundary revisions, shall be made by application for a new permit.
[65 FR 79668, Dec. 19, 2000]
30 CFR Sec. 774.15 Permit renewals.
(a) General. A valid permit, issued pursuant to an approved regulatory program, shall carry with it the right of
successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit.
(b) Application requirements and procedures. (1) An application for renewal of a permit shall be filed with the
regulatory authority at least 120 days before expiration of the existing permit term.
(2) An application for renewal of a permit shall be in the form required by the regulatory authority and shall
include at a minimum --
(i) The name and address of the permittee, the term of the renewal requested, and the permit number or other
identifier;
(ii) Evidence that a liability insurance policy or adequate self-insurance under Sec. 800.60 of this chapter will be
provided by the applicant for the proposed period of renewal;
(iii) Evidence that the performance bond in effect for the operation will continue in full force and effect for any
renewal requested, as well as any additional bond required by the regulatory authorities pursuant to subchapter J of
this chapter;
(iv) A copy of the proposed newspaper notice and proof of publication of same, as required by Sec. 778.21 of this
chapter; and
(v) Additional revised or updated information required by the regulatory authority.
(3) Applications for renewal shall be subject to the requirements of public notification and public participation
contained in Secs. 773.6 and 773.19(b) of this chapter.
(4) If an application for renewal includes any proposed revisions to the permit, such revisions shall be identified
and subject to the requirements of Sec. 774.13.
( c) Approval process -- (1) Criteria for approval. The regulatory authority shall approve a complete and accurate
application for permit renewal, unless it finds, in writing that --
(i) The terms and conditions of the existing permit are not being satisfactorily met;
(ii) The present surface coal mining and reclamation operations are not in compliance with the environmental
protection standards of the Act and the regulatory program;
(iii) The requested renewal substantially jeopardizes the operator's continuing ability to comply with the Act and
the regulatory program on existing permit areas;
(iv) The operator has not provided evidence of having liability insurance or self-insurance as required in Sec.
800.60 of this chapter;
(v) The operator has not provided evidence that any performance bond required to be in effect for the operation
will continue in full force and effect for the proposed period of renewal, as well as any additional bond the regulatory
authority might require pursuant to subchapter J of this chapter; or
(vi) Additional revised or updated information required by the regulatory authority has not been provided by the
applicant.
(2) Burden of proof. In the determination of whether to approve or deny a renewal of a permit, the burden of proof
shall be on the opponents of renewal.
(3) Alluvial valley floor variance. If the surface coal mining and reclamation operation authorized by the original
permit was not subject to the standards contained in sections 510(b)(5) (A) and (B) of the Act and Sec. 785.19 of this
chapter, because the permittee complied with the exceptions in the proviso to section 510(b)(5) of the Act, the
portion of the application for renewal of the permit that addresses new land areas previously identified in the
reclamation plan for the original permit shall not be subject to the standards contained in sections 510(b)(5) (A) and
(B) of the Act and Sec. 785.19 of this chapter.
(d) Renewal term. Any permit renewal shall be for a term not to exceed the period of the original permit
established under Sec. 773.19.
(e) Notice of decision. The regulatory authority shall send copies of its decision to the applicant, to each person
who filed comments or objections on the renewal, to each party to any informal conference held on the permit
renewal, and to OSM if OSM is not the regulatory authority.
(f) Administrative and judicial review. Any person having an interest which is or may be adversely affected by the
decision of the regulatory authority shall have the right to administrative and judicial review set forth in part 775 of
this chapter.
[65 FR 79668, Dec. 19, 2000]
30 CFR Sec. 774.17 Transfer, assignment, or sale of permit rights.
(a) General. No transfer, assignment, or sale of rights granted by a permit shall be made without the prior written
approval of the regulatory authority.
(b) Application requirements. An applicant for approval of the transfer, assignment, or sale of permit rights shall--
(1) Provide the regulatory authority with an application for approval of the proposed transfer, assignment, or sale
including --
(i) The name and address of the existing permittee and permit number or other identifier;
(ii) A brief description of the proposed action requiring approval; and
(iii) The legal, financial, compliance, and related information required by part 778 of this chapter for the applicant
for approval of the transfer, assignment, or sale of permit rights.
(2) Advertise the filing of the application in a newspaper of general circulation in the locality of the operations
involved, indicating the name and address of the applicant, the permittee, the permit number or other identifier, the
geographic location of the permit, and the address to which written comments may be sent;
(3) Obtain appropriate performance bond coverage in an amount sufficient to cover the proposed operations, as
required under subchapter J of this chapter.
( c) Public participation. Any person having an interest which is or may be adversely affected by a decision on the
transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency,
may submit written comments on the application to the regulatory authority within a time specified by the regulatory
authority.
(d) Criteria for approval. The regulatory authority may allow a permittee to transfer, assign, or sell permit rights to
a successor, if it finds in writing that the successor --
(1) Is eligible to receive a permit in accordance with Secs. 773.12 and 773.15 of this chapter;
(2) Has submitted a performance bond or other guarantee, or obtained the bond coverage of the original permittee,
as required by subchapter J of this chapter; and
(3) Meets any other requirements specified by the regulatory authority.
(e) Notification. (1) The regulatory authority shall notify the permittee, the successor, commenters, and OSM, if
OSM is not the regulatory authority, of its findings.
(2) The successor shall immediately provide notice to the regulatory authority of the consummation of the transfer,
assignment, or sale of permit rights.
(f) Continued operation under existing permit. The successor in interest shall assume the liability and reclamation
responsibilities of the existing permit and shall conduct the surface coal mining and reclamation operations in full
compliance with the Act, the regulatory program, and the terms and conditions of the existing permit, unless the
applicant has obtained a new or revised permit as provided in this subchapter.
[65 FR 79668, Dec. 19, 2000]
PART 775 -- ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS
Sec.
775.1 Scope and purpose
775.11 Administrative review
775.13 Judicial review
AUTHORITY: 30 U.S.C. 1201 et seq.
SOURCE: 48 FR 44397, Sept. 28, 1983, 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 - 6/30/00".]
30 CFR 775.1
Sec. 775.1 Scope and purpose.
This part provides requirements for administrative and judicial review of decisions on permits.
30 CFR Sec. 775.11 Administrative review.
(a) General. Within 30 days after an applicant or permittee is notified of the decision of the regulatory authority
concerning an application for approval of exploration required under part 772 of this chapter, a permit for surface
coal mining and reclamation operations, a permit revision, a permit renewal, or a transfer, assignment, or sale of
permit rights, the applicant, permittee, or any person with an interest which is or may be adversely affected may
request a hearing on the reasons for the decision, in accordance with this section.
(b) Administrative hearings under State programs. (1) The regulatory authority shall start the administrative
hearing within 30 days of such request. The hearing shall be on the record and adjudicatory in nature. No person who
presided at an informal conference under Sec. 773.6( c) shall either preside at the hearing or participate in the
decision following the hearing or administrative appeal.
(2) The regulatory authority may, under such conditions as it prescribes, grant such temporary relief as it deems
appropriate, pending final determination of the proceeding, if --
(i) All parties to the proceeding have been notified and given an opportunity to be heard on a request for
temporary relief;
(ii) The person requesting that relief shows that there is a substantial likelihood that he or she will prevail on the
merits of the final determination of the proceeding;
(iii) The relief sought will not adversely affect the public health or safety, or cause significant, imminent
environmental harm to land, air, or water resources; and
(iv) The relief sought is not the issuance of a permit where a permit has been denied, in whole or in part, by the
regulatory authority except that continuation under an existing permit may be allowed where the operation has a
valid permit issued under section 510 of the Act.
(3) The hearing shall be conducted under the following conditions:
(i) The hearing authority may administer oaths and affirmations, subpoena witnesses and written or printed
materials, compel attendance of witnesses or production of those materials, compel discovery, and take evidence,
including, but not limited to, site inspections of the land to be affected and other surface coal mining and reclamation
operations carried on by the applicant in the general vicinity of the proposed operations.
(ii) A verbatim record of each public hearing required by this section shall be made, and a transcript made
available on the motion of any party or by order of the hearing authority.
(iii) Ex parte contacts between representatives of the parties appearing before the hearing authority and the hearing
authority shall be prohibited.
(4) Within 30 days after the close of the record, the hearing authority shall issue and furnish the applicant and each
person who participated in the hearing with the written findings of fact, conclusions of law, and order of the hearing
authority with respect to the appeal of the decision.
(5) The burden of proof at such hearings shall be on the party seeking to reverse the decision of the regulatory
authority.
( c) Administrative hearings under Federal programs and Federal lands programs. All hearings, under a Federal
program for a State or a Federal lands program except as may be modified by a cooperative agreement pursuant to
part 745 of this chapter, on an application for approval of exploration, a permit for surface coal mining and
reclamation operations, permit revision, a permit renewal, or a transfer, assignment, or sale of permit rights shall be
of record and governed by 5 U.S.C. 554 and 43 CFR part 4.
[65 FR 79668, Dec. 19, 2000]
30 CFR Sec. 775.13 Judicial review.
(a) General. Any applicant or any person with an interest which is or may be adversely affected and who has
participated in the administrative hearings as an objector may appeal as provided in paragraph (b) or ( c) of this
section if--
(1) The applicant or person is aggrieved by the decision of the hearing authority in the administrative hearing
conducted pursuant to Sec. 775.11 of this chapter; or
(2) Either the regulatory authority or the hearing authority for administrative review under Sec. 775.11 of this
chapter fails to act within applicable time limits specified in the Act, this chapter, or the regulatory program.
(b) Judicial review under State programs. The action of the hearing authority identified in paragraph (a) of this
section shall be subject to judicial review by a court of competent jurisdiction, as provided for in the State program,
but the availability of such review shall not be construed to limit the operation of the rights established in section 520
of the Act.
( c) Judicial review under Federal programs and Federal lands programs. The action of the hearing authority
identified in paragraph (a) of this section is subject to judicial review by the U.S. District Court for the district where
the coal exploration or surface coal mining and reclamation operation is or would be located, except for judicial
review of State regulatory authority actions in a State court of competent jurisdiction as may be provided for in a
cooperative agreement, in the time and manner provided for in section 526 (a)(2), (b) and (e) of the Act. The
availability of such review shall not be construed to limit the operation of the rights established in section 520 of the
Act.
PART 777 -- GENERAL CONTENT REQUIREMENTS FOR PERMIT APPLICATIONS
Sec.
777.1 Scope
777.10 Information collection
777.11 Format and contents
777.13 Reporting of technical data
777.14 Maps and plans: General requirements
777.15 Completeness
777.17 Permit fees
AUTHORITY: Pub. L. 95-87, 30 U.S.C. 1201 et seq.
SOURCE: 48 FR 44398, Sept. 28, 1983, 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 - 6/30/00".]
30 CFR Sec. 777.1 Scope.
This part provides minimum requirements concerning the general content for permit applications under a State or
Federal program.
30 CFR Sec. 777.10 Information collection.
The information collection requirements contained in part 777 have been approved by the Office of Management
and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0032. The information is being collected to
meet the requirements of sections 507, 508, and 510(b) of the Act. It provides general requirements for permit
application format and contents. The obligation to respond is mandatory.
30 CFR Sec. 777.11 Format and contents.
(a) An application shall--
(1) Contain current information, as required by this subchapter;
(2) Be clear and concise; and
(3) Be filed in the format required by the regulatory authority.
(b) If used in the application, referenced materials shall either be provided to the regulatory authority by the
applicant or be readily available to the regulatory authority. If provided, relevant portions of referenced published
materials shall be presented briefly and concisely in the application by photocopying or abstracting and with explicit
citations.
( c) Applications for permits; revisions; renewals; or transfers, sales or assignments of permit rights shall be
verified under oath, by a responsible official of the applicant, that the information contained in the application is true
and correct to the best of the official's information and belief.
30 CFR Sec. 777.13 Reporting of technical data.
(a) All technical data submitted in the application shall be accompanied by the names of persons or organizations
that collected and analyzed the data, dates of the collection and analysis of the data, and descriptions of the
methodology used to collect and analyze the data.
(b) Technical analyses shall be planned by or under the direction of a professional qualified in the subject to be
analyzed.
30 CFR Sec. 777.14 Maps and plans: General requirements.
(a) Maps submitted with applications shall be presented in a consolidated format, to the extent possible, and shall
include all the types of information that are set forth on topographic maps of the U.S. Geological Survey of the
1:24,000 scale series. Maps of the permit area shall be at a scale of 1:6,000 or larger. Maps of the adjacent area shall
clearly show the lands and waters within those areas and be in a scale determined by the regulatory authority, but in
no event smaller than 1:24,000.
(b) All maps and plans submitted with the application shall distinguish among each of the phases during which
surface coal mining operations were or will be conducted at any place within the life of operations. At a minimum,
distinctions shall be clearly shown among those portions of the life of operations in which surface coal mining
operations occurred--
(1) Prior to August 3, 1977;
(2) After August 3, 1977, and prior to either--
(i) May 3, 1978; or
(ii) In the case of an applicant or operator which obtained a small operator's exemption in accordance with Sec.
710.12 of this chapter, January 1, 1979;
(3) After May 3, 1978 (or January 1, 1979, for persons who received a small operator's exemption) and prior to
the approval of the applicable regulatory program;
(4) After the estimated date of issuance of a permit by the regulatory authority under the approved regulatory
program.
30 CFR Sec. 777.15 Completeness.
An application for a permit to conduct surface coal mining and reclamation operations shall be complete and shall
include at a minimum--
(a) For surface mining activities, the information required under parts 778, 779, and 780 of this chapter, and, as
applicable to the operation, part 785 of this chapter; and
(b) For underground mining activities, the information required under parts 778, 783, and 784 of this chapter, and,
as applicable to the operation, part 785 of this chapter.
30 CFR Sec. 777.17 Permit fees.
An application for a surface coal mining and reclamation permit shall be accompanied by a fee determined by the
regulatory authority. The fee may be less than, but shall not exceed, the actual or anticipated cost of reviewing,
administering, and enforcing the permit. The regulatory authority may develop procedures to allow the fee to be paid
over the term of the permit.
PART 778 -- PERMIT APPLICATIONS -- MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL,
COMPLIANCE, AND RELATED INFORMATION
Sec.
778.1 Scope and purpose
778.8 Information collection
778.9 Certifying and updating existing permit application information
778.11 Providing applicant, operator, and ownership and control information
778.12 Providing permit history information
778.13 Providing property interest information
778.14 Providing property interest information
778.15 Right-of-entry information
778.16 Status of unsuitability claims
778.17 Permit term
778.18 Insurance
778.21 Proof of publication
778.22 Facilities or structures used in common
AUTHORITY: 30 U.S.C. 1201 et seq.
SOURCE: 48 FR 44399, Sept. 28, 1983, 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 - 6/30/00".]
30 CFR Sec. 778.1 Scope and purpose.
This part establishes the minimum requirements for the permit applications for surface coal mining and
reclamation operations under a State or Federal program. This part covers minimum legal, financial, and compliance
requirements and general information that must be contained in permit applications. This part applies to any person
who submits an application to a regulatory authority for a permit to conduct surface coal mining and reclamation
operations.
30 CFR Sec. 778.8 Information collection.
(a) Under the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the
information collection requirements of this part. Section 507(b) of the Act provides that persons applying for a
permit to conduct surface coal mining operations must submit to the regulatory authority certain information
regarding the applicant and affiliated entities, their compliance status and history, property ownership and other
property rights, violation information, right of entry, liability insurance, the status of unsuitability claims, and proof
of publication of a newspaper notice. The regulatory authority uses this information to ensure that all legal, financial
and compliance requirements are satisfied before issuance of a permit. Persons seeking to conduct surface coal
mining operations must respond to obtain a benefit. A Federal agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it displays a currently valid OMB control number. The
OMB clearance number for this part is 1029-0117.
(b) We estimate that the public reporting and record keeping burden for this part averages 27 hours per response,
including time spent 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 these information collection and record keeping requirements, including suggestions for
reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection
Clearance Officer, 1951 Constitution Avenue, NW, Washington, DC 20240. Please refer to OMB Control Number
1029-0117 in any correspondence.
[62 FR 19459, Apr. 21, 1997; redesignated and revised at 65 FR 79668, Dec. 19, 2000]
30 CFR Sec. 778.9 Certifying and updating existing permit application information.
In this section, "you" means the applicant and "we" or "us" means the regulatory authority.
(a) If you have previously applied for a permit and the required information is already in AVS, then you may
update the information as shown in the following table.
______________________________________________________________________________
If... then you...
(1)All or part of the may certify to us by swearing or
information already in AVS is affirming, under oath and in writing,
accurate and complete that the relevant information in AVS
is accurate, complete, and up to date.
(2)Part of the information in must submit to us the necessary
AVS is missing or incorrect information or corrections and
swear or affirm, under oath and
in writing, that the information
you submit is accurate and complete.
(3)You can neither certify that must include in your permit
the data in AVS is accurate application the information
and complete nor make needed required under this part.
corrections
______________________________________________________________________________
(b) You must swear or affirm, under oath and in writing, that all information you provide in an application is
accurate and complete.
( c) We may establish a central file to house your identity information, rather than place duplicate information in
each of your permit application files. We will make the information available to the public upon request.
(d) After we approve an application, but before we issue a permit, you must update, correct, or indicate that no
change has occurred in the information previously submitted under this section and Secs. 778.11 through 778.14 of
this part.
[65 FR 79668, Dec. 19, 2000]
30 CFR Sec. 778.11 Providing applicant, operator, and ownership and control information.
(a) You, the applicant, must provide in the permit application --
(1) A statement indicating whether you and your operator are corporations, partnerships, sole proprietorships, or
other business entities;
(2) Taxpayer identification numbers for you and your operator.
(b) You must provide the name, address, and telephone number for --
(1) The applicant.
(2) Your resident agent who will accept service of process.
(3) Any operator, if different from the applicant.
(4) Person(s) responsible for submitting the Coal Reclamation Fee Report (Form OSM-1) and for remitting the
reclamation fee payment to OSM.
( c) For you and your operator, you must provide the information required by paragraph (e) of this section for
every --
(1) Officer.
(2) Director.
(3) Person performing a function similar to a director.
(4) Person who owns 10 to 50 percent of the applicant or the operator.
(5) Person who owns or controls the applicant and person who owns or controls the operator. For each owner or
controller who does not own or control an entire surface coal mining operation, you may list the portion or aspect of
the operation which that person owns or controls.
(d) The natural person with the greatest level of effective control over the entire proposed surface coal mining
operation must submit a certification, under oath, that he or she controls the proposed surface coal mining operation.
(e) You must provide the following information for each person listed in paragraphs ( c) and (d) of this section --
(1) The person's name, address, and telephone number.
(2) The person's position title and relationship to you, including percentage of ownership and location in the
organizational structure.
(3) The date the person began functioning in that position.
[65 FR 79668, Dec. 19, 2000]
30 CFR Sec. 778.12 Providing permit history information.
(a) You, the applicant, must provide a list of all names under which you, your operator, your partners or principal
shareholders, and your operator's partners or principal shareholders operate or previously operated a surface coal
mining operation in the United States within the five-year period preceding the date of submission of the application.
(b) For you and your operator, you must provide a list of any pending permit applications for surface coal mining
operations filed in the United States. The list must identify each application by its application number and
jurisdiction, or by other identifying information when necessary.
( c) For any surface coal mining operations that you or your operator owned or controlled within the five-year
period preceding the date of submission of the application, and for any surface coal mining operation you or your
operator own or control on that date, you must provide the --
(1) Permittee's and operator's name and address;
(2) Permittee's and operator's taxpayer identification numbers;
(3) Federal or State permit number and corresponding MSHA number;
(4) Regulatory authority with jurisdiction over the permit; and
(5) Permittee's and operator's relationship to the operation, including percentage of ownership and location in the
organizational structure.
[65 FR 79669, Dec. 19, 2000]
30 CFR Sec. 778.13 Providing property interest information.
You, the applicant, must provide in the permit application all of the following information for the property to be
mined --
(a) The name and address of --
(1) Each legal or equitable owner(s) of record of the surface and mineral.
(2) The holder(s) of record of any leasehold interest.
(3) Any purchaser(s) of record under a real estate contract.
(b) The name and address of each owner of record of all property (surface and subsurface) contiguous to any part
of the proposed permit area.
( c) A statement of all interests, options, or pending bids you hold or have made for lands contiguous to the
proposed permit area. If you request in writing, we will hold as confidential, under Sec. 773.6(d)(3)(ii) of this
chapter, any information you are required to submit under this paragraph which is not on public file under State law.
(d) The Mine Safety and Health Administration (MSHA) numbers for all structures that require MSHA approval.
[65 FR 79669, Dec. 19, 2000]
30 CFR Sec. 778.14 Providing violation information.
(a) You, the applicant, must state, in your permit application, whether you, your operator, or any subsidiary,
affiliate, or entity which you or your operator own or control or which is under common control with you or your
operator, has --
(1) Had a Federal or State permit for surface coal mining operations suspended or revoked during the five-year
period preceding the date of submission of the application; or
(2) Forfeited a performance bond or similar security deposited in lieu of bond in connection with surface coal
mining and reclamation operations during the five-year period preceding the date of submission of the application.
(b) For each suspension, revocation, or forfeiture identified under paragraph (a), you must provide a brief
explanation of the facts involved, including the --
(1) Permit number.
(2) Date of suspension, revocation, or forfeiture, and, when applicable, the amount of bond or similar security
forfeited.
(3) Regulatory authority that suspended or revoked the permit or forfeited the bond and the stated reasons for the
action.
(4) Current status of the permit, bond, or similar security involved.
(5) Date, location, type, and current status of any administrative or judicial proceedings concerning the
suspension, revocation, or forfeiture.
( c) A list of all violation notices you or your operator received for any surface coal mining and reclamation
operation during the three-year period preceding the date of submission of the application. In addition you must
submit a list of all unabated or uncorrected violation notices incurred in connection with any surface coal mining and
reclamation operation that you or your operator own or control on that date. For each violation notice reported, you
must include the following information, when applicable --
(1) The permit number and associated MSHA number.
(2) The issue date, identification number, and current status of the violation notice.
(3) The name of the person to whom the violation notice was issued,
(4) The name of the regulatory authority or agency that issued the violation notice.
(5) A brief description of the violation alleged in the notice.
(6) The date, location, type, and current status of any administrative or judicial proceedings concerning the
violation notice.
(7) If the abatement period for a violation in a notice of violation issued under Sec. 843.12 of this chapter, or its
State regulatory program equivalent, has not expired, certification that the violation is being abated or corrected to
the satisfaction of the agency with jurisdiction over the violation.
(8) For all violations not covered by paragraph ( c)(7) of this section, the actions taken to abate or correct the
violation.
[65 FR 79669, Dec. 19, 2000]
30 CFR Sec. 778.15 Right-of-entry information.
(a) An application shall contain a description of the documents upon which the applicant bases his legal right to
enter and begin surface coal mining and reclamation operations in the permit area and shall state whether that right is
the subject of pending litigation. The description shall identify the documents by type and date of execution, identify
the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.
(b) Where the private mineral estate to be mined has been severed from the private surface estate, an applicant
shall also submit--
(1) A copy of the written consent of the surface owner for the extraction of coal by surface mining methods;
(2) A copy of the conveyance that expressly grants or reserves the right to extract coal by surface mining methods;
or
(3) If the conveyance does not expressly grant the right to extract the coal by surface mining methods,
documentation that under applicable State law, the applicant has the legal authority to extract the coal by those
methods.
( c) Nothing in this section shall be construed to provide the regulatory authority with the authority to adjudicate
property rights disputes.
30 CFR Sec. 778.16 Status of unsuitability claims.
(a) An application shall contain available information as to whether the proposed permit area is within an area
designated as unsuitable for surface coal mining and reclamation operations or is within an area under study for
designation in an administrative proceeding under parts 762, 764, and 769 of this chapter.
(b) An application in which the applicant claims the exemption described in Sec. 762.13( c) of this chapter shall
contain information supporting the assertion that the applicant made substantial legal and financial commitments
before January 4, 1977, concerning the proposed surface coal mining and reclamation operations.
( c) An application that proposes to conduct surface coal mining operations within 100 feet of a public road or
within 300 feet of an occupied dwelling must meet the requirements of Sec. 761.14 or Sec. 761.15 of this chapter,
respectively.
[48 FR 44399, Sept. 28, 1983, as amended at 64 FR 70837, Dec. 17, 1999]
30 CFR Sec. 778.17 Permit term.
(a) Each application shall state the anticipated or actual starting and termination date of each phase of the surface
coal mining and reclamation operation and the anticipated number of acres of land to be affected during each phase
of mining over the life of the mine.
(b) If the applicant requires an initial permit term in excess of 5 years in order to obtain necessary financing for
equipment and the opening of the operation, the application shall--
(1) Be complete and accurate covering the specified longer term; and
(2) Show that the proposed longer term is reasonably needed to allow the applicant to obtain financing for
equipment and for the opening of the operation with the need confirmed, in writing, by the applicant's proposed
source of financing.
30 CFR Sec. 778.18 Insurance.
An application shall contain either a certificate of liability insurance or evidence of self-insurance in compliance
with Sec. 800.60 of this chapter.
30 CFR Sec. 778.21 Proof of publication.
A copy of the newspaper advertisements of the application for a permit, significant revision of a permit, or
renewal of a permit, or proof of publication of the advertisements which is acceptable to the regulatory authority
shall be filed with the regulatory authority and shall be made a part of the application not later than 4 weeks after the
last date of publication as required by Sec. 773.6(a)(1) of this chapter.
[65 FR 79669, Dec. 19, 2000]
30 CFR Sec. 778.22 Facilities or structures used in common.
The plans of a facility or structure that is to be shared by two or more separately permitted mining operations may
be included in one permit application and referenced in the other applications. In accordance with part 800 of this
chapter, each permittee shall bond the facility or structure unless the permittees sharing it agree to another
arrangement for assuming their respective responsibilities. If such agreement is reached, then the application shall
include a copy of the agreement between or among the parties setting forth the respective bonding responsibilities of
each party for the facility or structure. The agreement shall demonstrate to the satisfaction of the regulatory authority
that all responsibilities under this chapter for the facility or structure will be met.
PART 779 -- SURFACE MINING PERMIT APPLICATIONS -- MINIMUM REQUIREMENTS FOR
INFORMATION ON ENVIRONMENTAL RESOURCES
Sec.
779.1 Scope
779.2 Objectives
779.4 Responsibilities
779.10 Information collection
779.11 General requirements
779.12 General environmental resources information
779.18 Climatological information
779.19 Vegetation information
779.20 [Reserved]
779.21 Soil resources information
779.24 Maps: General requirements
779.25 Cross sections, maps, and plans
AUTHORITY: 30 U.S.C. 1201 et seq.; sec. 115 of Pub. L. 98-146, (30 U.S.C. 1257), and 16 U.S.C. 470 et seq.
SOURCE: 44 FR 15354, 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 - 6/30/00".]
30 CFR Sec. 779.1 Scope.
This part establishes the minimum requirements for the Secretary's approval of regulatory program provisions for
the environmental resources contents of applications for surface mining activities.
30 CFR Sec. 779.2 Objectives.
The objectives of this part are to ensure that each application provides to the regulatory authority a complete and
accurate description of the environmental resources that may be impacted or affected by proposed surface mining
activities.
30 CFR Sec. 779.4 Responsibilities.
(a) It is the responsibility of the applicant to provide, except where specifically exempted in this part, all
information required by this part in the application.
(b) It is the responsibility of State and Federal government agencies to provide information for applications as
specifically required by this part.
30 CFR Sec. 779.10 Information collection.
The information collection requirements contained in 30 CFR 779.11, 779.12, 779.13, 779.14, 779.15, 779.16,
779.17, 779.18, 779.19, 779.21, 779.22, 779.24, 779.25 and 779.27 have been approved by the Office of
Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0035. The information is being
collected to meet the requirements of sections 507 and 508 of Pub. L. 95-87, which require the applicant to present
an adequate description of the existing pre-mining environmental resources within and around the proposed mine
plan area. This information will be used by the regulatory authority to determine whether the applicant can comply
with the performance standards of the regulations for surface coal mining and whether reclamation of these areas is
feasible. The obligation to respond is mandatory.
[47 FR 33686, Aug. 4, 1982, as amended at 52 FR 47359, Dec. 11, 1987]
30 CFR Sec. 779.11 General requirements.
Each permit application shall include a description of the existing, premining environmental resources within the
proposed permit area and adjacent areas that may be affected or impacted by the proposed surface mining activities.
[44 FR 15354, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980]
30 CFR Sec. 779.12 General environmental resources information.
Each application shall describe and identify--
(a) The lands subject to surface coal mining operations over the estimated life of those operations and the size,
sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought; and
(b)(1) The nature of cultural, historic and archeological resources listed or eligible for listing on the National
Register of Historic Places and known archeological sites within the proposed permit and adjacent areas. The
description shall be based on all available information, including, but not limited to, information from the State
Historic Preservation Officer and from local archeological, historical, and cultural preservation agencies.
(2) The regulatory authority may require the applicant to identify and evaluate important historic and
archeological resources that may be eligible for listing on the National Register of Historic Places, through
(i) Collection of additional information,
(ii) Conduct of field investigations, or
(iii) Other appropriate analyses.
[44 FR 15354, Mar. 13, 1979, as amended at 48 FR 14822, Apr. 5, 1983; 52 FR 4262, Feb. 10, 1987]
30 CFR Sec. 779.18 Climatological information.
(a) When requested by the regulatory authority, the application shall contain a statement of the climatological
factors that are representative of the proposed permit area, including:
(1) The average seasonal precipitation;
(2) The average direction and velocity of prevailing winds; and
(3) Seasonal temperature ranges.
(b) The regulatory authority may request such additional data as deemed necessary to ensure compliance with the
requirements of this subchapter.
[44 FR 15354, Mar. 13, 1979, as amended at 45 FR 51550, Aug. 4, 1980]
30 CFR Sec. 779.19 Vegetation information.
(a) The permit application shall, if required by the regulatory authority, contain a map that delineates existing
vegetative types and a description of the plant communities within the proposed permit area and within any proposed
reference area. This description shall include information adequate to predict the potential for reestablish