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30 U.S.C. § 1275 — Review by Secretary
Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for review of order or notice; investigation; hearing; notice**
(1) A permittee issued a notice or order by the Secretary pursuant to the provisions of paragraphs (2) and (3) of subsection (a) of [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), or pursuant to a Federal program or the Federal lands program or any person having an interest which is or may be adversely affected by such notice or order or by any modification, vacation, or termination of such notice or order, may apply to the Secretary for review of the notice or order within thirty days of receipt thereof or within thirty days of its modification, vacation, or termination. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing, at the request of the applicant or the person having an interest which is or may be adversely affected, to enable the applicant or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof. The filing of an application for review under this subsection shall not operate as a stay of any order or notice.
(2) The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five days prior thereto. Any such hearing shall be of record and shall be subject to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim).
**(b) Findings of fact; issuance of decision** Upon receiving the report of such investigation, the Secretary shall make findings o
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Source file: Laws/federal/codes/united-states-code/title-30/section-1275-review-by-secretary--ee7fb62e48.md
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Source location: Title 30, Chapter 25, § 1275; chapter-025-surface-mining-control-and-reclamation.md
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**(a) Application for review of order or notice; investigation; hearing; notice**
(1) A permittee issued a notice or order by the Secretary pursuant to the provisions of paragraphs (2) and (3) of subsection (a) of [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), or pursuant to a Federal program or the Federal lands program or any person having an interest which is or may be adversely affected by such notice or order or by any modification, vacation, or termination of such notice or order, may apply to the Secretary for review of the notice or order within thirty days of receipt thereof or within thirty days of its modification, vacation, or termination. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing, at the request of the applicant or the person having an interest which is or may be adversely affected, to enable the applicant or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof. The filing of an application for review under this subsection shall not operate as a stay of any order or notice.
(2) The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five days prior thereto. Any such hearing shall be of record and shall be subject to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim).
**(b) Findings of fact; issuance of decision** Upon receiving the report of such investigation, the Secretary shall make findings of fact, and shall issue a written decision, incorporating therein an order vacating, affirming, modifying, or terminating the notice or order, or the modification, vacation, or termination of such notice or order complained of and incorporate his findings therein. Where the application for review concerns an order for cessation of surface coal mining and reclamation operations issued pursuant to the provisions of paragraph (2) or (3) of subsection (a) of [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), the Secretary shall issue the written decision within thirty days of the receipt of the application for review, unless temporary relief has been granted by the Secretary pursuant to subsection (c) of this section or by the court pursuant to subsection (c) of [section 1276 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1276&num=0&edition=prelim).
**(c) Temporary relief; issuance of order or decision granting or denying relief** Pending completion of the investigation and hearing required by this section, the applicant may file with the Secretary a written request that the Secretary grant temporary relief from any notice or order issued under [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), a Federal program or the Federal lands program together with a detailed statement giving reasons for granting such relief. The Secretary shall issue an order or decision granting or denying such relief expeditiously: Provided, That where the applicant requests relief from an order for cessation of coal mining and reclamation operations issued pursuant to paragraph (2) or (3) of subsection (a) of [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), the order or decision on such a request shall be issued within five days of its receipt. The Secretary may grant such relief, under such conditions as he may prescribe, if—
(1) a hearing has been held in the locality of the permit area on the request for temporary relief in which all parties were given an opportunity to be heard;
(2) the applicant shows that there is substantial likelihood that the findings of the Secretary will be favorable to him; and
(3) such relief will not adversely affect the health or safety of the public or cause significant, imminent environmental harm to land, air, or water resources.
**(d) Notice and hearing with respect to section 1271 order to show cause** Following the issuance of an order to show cause as to why a permit should not be suspended or revoked pursuant to [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), the Secretary shall hold a public hearing after giving written notice of the time, place, and date thereof. Any such hearing shall be of record and shall be subject to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). Within sixty days following the public hearing, the Secretary shall issue and furnish to the permittee and all other parties to the hearing a written decision, and the reasons therefor, concerning suspension or revocation of the permit. If the Secretary revokes the permit, the permittee shall immediately cease surface coal mining operations on the permit area and shall complete reclamation within a period specified by the Secretary, or the Secretary shall declare as forfeited the performance bonds for the operation.
**(e) Costs** Whenever an order is issued under this section, or as a result of any administrative proceeding under this chapter, at the request of any person, a sum equal to the aggregate amount of all costs and expenses (including attorney fees) as determined by the Secretary to have been reasonably incurred by such person for or in connection with his participation in such proceedings, including any judicial review of agency actions, may be assessed against either party as the court, resulting from judicial review or the Secretary, resulting from administrative proceedings, deems proper.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved—
(1) a matter subject to a subsequent trial of the law and the facts de novo in a court;
(2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim);
(3) proceedings in which decisions rest solely on inspections, tests, or elections;
(4) the conduct of military or foreign affairs functions;
(5) cases in which an agency is acting as an agent for a court; or
(6) the certification of worker representatives.
**(b)** Persons entitled to notice of an agency hearing shall be timely informed of—
(1) the time, place, and nature of the hearing;
(2) the legal authority and jurisdiction under which the hearing is to be held; and
(3) the matters of fact and law asserted.
When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.
**(c)** The agency shall give all interested parties opportunity for—
(1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and
(2) to the extent that the parties are unable so to determine a controversy by consent, heari
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 554
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Review by United States District Court; venue; filing of petition; time**
(1) Any action of the Secretary to approve or disapprove a State program or to prepare or promulgate a Federal program pursuant to this chapter shall be subject to judicial review by the United States District Court for the District which includes the capital of the State whose program is at issue. Any action by the Secretary promulgating national rules or regulations including standards pursuant to sections 1251, 1265, 1266, and 1273 of this title shall be subject to judicial review in the United States District Court for the District of Columbia Circuit. Any other action constituting rulemaking by the Secretary shall be subject to judicial review only by the United States District Court for the District in which the surface coal mining operation is located. Any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with law. A petition for review of any action subject to judicial review under this subsection shall be filed in the appropriate Court within sixty days from the date of such action, or after such date if the petition is based solely on grounds arising after the sixtieth day. Any such petition may be made by any person who participated in the administrative proceedings and who is aggrieved by the action of the Secretary.
(2) Any order or decision issued by the Secretary in a civil penalty proceeding or any other proceeding required to be conducted pursuant to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim) shall be subject to judicial review on or before 30 days from the date of such ord
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1276
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice of violation; Federal inspection; waiver of notification period; cessation order; affirmative obligation on operator; suspension or revocation of permits; contents of notices and orders**
(1) Whenever, on the basis of any information available to him, including receipt of information from any person, the Secretary has reason to believe that any person is in violation of any requirement of this chapter or any permit condition required by this chapter, the Secretary shall notify the State regulatory authority, if one exists, in the State in which such violation exists. If no such State authority exists or the State regulatory authority fails within ten days after notification to take appropriate action to cause said violation to be corrected or to show good cause for such failure and transmit notification of its action to the Secretary, the Secretary shall immediately order Federal inspection of the surface coal mining operation at which the alleged violation is occurring unless the information available to the Secretary is a result of a previous Federal inspection of such surface coal mining operation. The ten-day notification period shall be waived when the person informing the Secretary provides adequate proof that an imminent danger of significant environmental harm exists and that the State has failed to take appropriate action. When the Federal inspection results from information provided to the Secretary by any person, the Secretary shall notify such person when the Federal inspection is proposed to be carried out and such person shall be allowed to accompany the inspector during the inspection.
(2) When, on the basis of any Federal inspection, the Secretary or his authorized representative determines that any condition or practices exist, or that an
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1271
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil penalties for violations of permit conditions and provisions of this subchapter** In the enforcement of a Federal program or Federal lands program, or during Federal enforcement pursuant to [section 1252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1252&num=0&edition=prelim) or during Federal enforcement of a State program pursuant to [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), any permittee who violates any permit condition or who violates any other provision of this subchapter, may be assessed a civil penalty by the Secretary, except that if such violation leads to the issuance of a cessation order under [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), the civil penalty shall be assessed. Such penalty shall not exceed $5,000 for each violation. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments. In determining the amount of the penalty, consideration shall be given to the permittee’s history of previous violations at the particular surface coal mining operation; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the permittee was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation.
**(b) Hearing** A civil penalty shall be assessed by the Secretary only after the person charged with a violation described under subsection (a) of this section has been given an opportunity for a public hearing. Where such a
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1268
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Federal law — U.S. Code and appendices · legal_authorities
Page 302
TITLE 30—MINERAL LANDS AND MINING
§ 1274
(Pub. L. 95–87, title V, § 523, Aug. 3, 1977, 91 Stat.
510.)
§ 1274. Public agencies, public utilities, and pub-
lic corporations
Any agency, unit, or instrumentality of Fed-
eral, State, or local government, including any
publicly owned utility or publicly owned cor-
poration of Federal, State, or local government,
which proposes to engage in surface coal mining
operations which are subject to the require-
ments of this chapter shall comply with the pro-
visions of this subchapter.
(Pub. L. 95–87, title V, § 524, Aug. 3, 1977, 91 Stat.
511.)
§ 1275. Review by Secretary
(a) Application for review of order or notice; in-
vestigation; hearing; notice
(1) A permittee issued a notice or order by the
Secretary pursuant to the provisions of para-
graphs (2) and (3) of subsection (a) of section 1271
of this title, or pursuant to a Federal program
or the Federal lands program or any person hav-
ing an interest which is or may be adversely af-
fected by such notice or order or by any modi-
fication, vacation, or termination of such notice
or order, may apply to the Secretary for review
of the notice or order within thirty days of re-
ceipt thereof or within thirty days of its modi-
fication, vacation, or termination. Upon receipt
of such application, the Secretary shall cause
such investigation to be made as he deems ap-
propriate. Such investigation shall provide an
opportunity for a public hearing, at the request
of the applicant or the person having an interest
which is or may be adversely affected, to enable
the applicant or such person to present informa-
tion relating to the issuance and continuance of
such notice or order or the modification, vaca-
tion, or termination thereof. The filing of an ap-
p
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1275
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