30 U.S.C. § 1256 — Permits

Page 276 TITLE 30—MINERAL LANDS AND MINING § 1255 (b) Federal enforcement of State program In the event that a State has a State program for surface coal mining, and is not enforcing any part of such program, the Secretary may pro- vide for the Federal enforcement, under the pro- visions of section 1271 of this title, of that part of the State program not being enforced by such State. (c) Notice and hearing Prior to promulgation and implementation of any proposed Federal program, the Secretary shall give adequate public notice and hold a pub- lic hearing in the affected State. (d) Review of permits Permits issued pursuant to a previously ap- proved State program shall be valid but review- able under a Federal program. Immediately fol- lowing promulgation of a Federal program, the Secretary shall undertake to review such per- mits to determine that the requirements of this chapter are not violated. If the Secretary deter- mines any permit to have been granted contrary to the requirements of this chapter, he shall so advise the permittee and provide him an oppor- tunity for hearing and a reasonable opportunity for submission of a new application and reason- able time, within a time limit prescribed in reg- ulations promulgated pursuant to section 1251(b) of this title, to conform ongoing surface mining and reclamation operations to the requirements of the Federal program. (e) Submission of State program after implemen- tation of Federal program A State which has failed to obtain the ap- proval of a State program prior to implementa- tion of a Federal program may submit a State program at any time after such implementation. Upon the submission of such a program, the Sec- retary shall follow the procedures set forth in section 1253(b) of this title and shall approve or disapprove the State program within six months after its submittal. Approval of a State program shall be based on the determination that the State has the capability of carrying out the pro- visions of this chapter and meeting its purposes through the criteria set forth in section 1253(a)(1) through (6) of this title. Until a State program is approved as provided under this sec- tion, the Federal program shall remain in effect and all actions taken by the Secretary pursuant to such Federal program, including the terms and conditions of any permit issued thereunder shall remain in effect. (f) Validity of Federal program permits under su- perseding State program Permits issued pursuant to the Federal pro- gram shall be valid under any superseding State program: Provided, That the Federal permittee shall have the right to apply for a State permit to supersede his Federal permit. The State regu- latory authority may review such permits to de- termine that the requirements of this chapter and the approved State program are not vio- lated. Should the State program contain addi- tional requirements not contained in the Fed- eral program, the permittee will be provided op- portunity for hearing and a reasonable time, within a time limit prescribed in regulations promulgated pursuant to section 1251 of this title, to conform ongoing surface mining and reclamation operations to the additional State requirements. (g) Preemption of State statutes or regulations Whenever a Federal program is promulgated for a State pursuant to this chapter, any stat- utes or regulations of such State which are in effect to regulate surface mining and reclama- tion operations subject to this chapter shall, in- sofar as they interfere with the achievement of the purposes and the requirements of this chap- ter and the Federal program, be preempted and superseded by the Federal program. The Sec- retary shall set forth any State law or regula- tion which is preempted and superseded by the Federal program. (h) Coordination of issuance and review of Fed- eral program permits with any other Federal or State permit process Any Federal program shall include a process for coordinating the review and issuance of per- mits for surface mining and reclamation oper- ations with any other Federal or State permit process applicable to the proposed operation. (Pub. L. 95–87, title V, § 504, Aug. 3, 1977, 91 Stat. 471.) § 1255. State laws (a) No State law or regulation in effect on Au- gust 3, 1977, or which may become effective thereafter, shall be superseded by any provision of this chapter or any regulation issued pursu- ant thereto, except insofar as such State law or regulation is inconsistent with the provisions of this chapter. (b) Any provision of any State law or regula- tion in effect upon August 3, 1977, or which may become effective thereafter, which provides for more stringent land use and environmental con- trols and regulations of surface coal mining and reclamation operation than do the provisions of this chapter or any regulation issued pursuant thereto shall not be construed to be inconsistent with this chapter. The Secretary shall set forth any State law or regulation which is construed to be inconsistent with this chapter. Any provi- sion of any State law or regulation in effect on August 3, 1977, or which may become effective thereafter, which provides for the control and regulation of surface mining and reclamation operations for which no provision is contained in this chapter shall not be construed to be in- consistent with this chapter. (Pub. L. 95–87, title V, § 505, Aug. 3, 1977, 91 Stat. 473.) § 1256. Permits (a) Persons engaged in surface coal mining with- in State; time limit; exception No later than eight months from the date on which a State program is approved by the Sec- retary, pursuant to section 1253 of this title, or no later than eight months from the date on which the Secretary has promulgated a Federal program for a State not having a State program pursuant to section 1254 of this title, no person shall engage in or carry out on lands within a Page 277 TITLE 30—MINERAL LANDS AND MINING § 1257 State any surface coal mining operations unless such person has first obtained a permit issued by such State pursuant to an approved State pro- gram or by the Secretary pursuant to a Federal program; except a person conducting surface coal mining operations under a permit from the State regulatory authority, issued in accordance with the provisions of section 1252 of this title, may conduct such operations beyond such pe- riod if an application for a permit has been filed in accordance with the provisions of this chap- ter, but the initial administrative decision has not been rendered. (b) Term All permits issued pursuant to the require- ments of this chapter shall be issued for a term not to exceed five years: Provided, That if the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation and if the applica- tion is full and complete for such specified longer term, the regulatory authority may grant a permit for such longer term. A successor in interest to a permittee who applies for a new permit within thirty days of succeeding to such interest and who is able to obtain the bond cov- erage of the original permittee may continue surface coal mining and reclamation operations according to the approved mining and reclama- tion plan of the original permittee until such successor’s application is granted or denied. (c) Termination A permit shall terminate if the permittee has not commenced the surface coal mining oper- ations covered by such permit within three years of the issuance of the permit: Provided, That the regulatory authority may grant rea- sonable extensions of time upon a showing that such extensions are necessary by reason of liti- gation precluding such commencement or threatening substantial economic loss to the permittee, or by reason of conditions beyond the control and without the fault or negligence of the permittee: Provided further, That in the case of a coal lease issued under the Federal Mineral Leasing Act, as amended [30 U.S.C. 181 et seq.], extensions of time may not extend beyond the period allowed for diligent development in ac- cordance with section 7 of that Act [30 U.S.C. 207]: Provided further, That with respect to coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, the permittee shall be deemed to have com- menced surface mining operations at such time as the construction of the synthetic fuel or gen- erating facility is initiated. (d) Renewal (1) Any valid permit issued pursuant to this chapter shall carry with it the right of succes- sive renewal upon expiration with respect to areas within the boundaries of the existing per- mit. The holders of the permit may apply for re- newal and such renewal shall be issued (provided that on application for renewal the burden shall be on the opponents of renewal), subsequent to fulfillment of the public notice requirements of sections 1263 and 1264 of this title unless it is es- tablished that and written findings by the regu- latory authority are made that— (A) the terms and conditions of the existing permit are not being satisfactorily met; (B) the present surface coal mining and rec- lamation operation is not in compliance with the environmental protection standards of this chapter and the approved State plan or Federal program pursuant to this chapter; or (C) the renewal requested substantially jeop- ardizes the operator’s continuing responsi- bility on existing permit areas; (D) the operator has not provided evidence that the performance bond in effect for said operation will continue in full force and effect for any renewal requested in such application as well as any additional bond the regulatory authority might require pursuant to section 1259 of this title; or (E) any additional revised or updated infor- mation required by the regulatory authority has not been provided. Prior to the approval of any renewal of permit the regulatory author- ity shall provide notice to the appropriate public authorities. (2) If an application for renewal of a valid per- mit includes a proposal to extend the mining op- eration beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new applications under this chapter: Provided, however, That if the sur- face coal mining operations authorized by a per- mit issued pursuant to this chapter were not subject to the standards contained in section 1260(b)(5)(A) and (B) of this title by reason of complying with the proviso of section 1260(b)(5) of this title, then the portion of the application for renewal of the permit which addresses any new land areas previously identified in the rec- lamation plan submitted pursuant to section 1258 of this title shall not be subject to the standards contained in section 1260(b)(5)(A) and (B) of this title. (3) Any permit renewal shall be for a term not to exceed the period of the original permit es- tablished by this chapter. Application for permit renewal shall be made at least one hundred and twenty days prior to the expiration of the valid permit. (Pub. L. 95–87, title V, § 506, Aug. 3, 1977, 91 Stat. 473.) Editorial Notes REFERENCES IN TEXT The Federal Mineral Leasing Act, as amended, re- ferred to in subsec. (c), probably means act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 181 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 181 of this title and Tables. § 1257. Application requirements (a) Fee Each application for a surface coal mining and reclamation permit pursuant to an approved State program or a Federal program under the provisions of this chapter shall be accompanied by a fee as determined by the regulatory author-