30 U.S.C. § 1263 — Public notice and public hearings

Page 284 TITLE 30—MINERAL LANDS AND MINING § 1262 1 So in original. Probably should be ‘‘or’’. authority shall establish guidelines for a deter- mination of the scale or extent of a revision re- quest for which all permit application informa- tion requirements and procedures, including no- tice and hearings, shall apply: Provided, That any revisions which propose significant alter- ations in the reclamation plan shall, at a min- imum, be subject to notice and hearing require- ments. (3) Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit. (b) Transfer, assignment, or sale of rights under permit No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this chapter shall be made without the written approval of the regulatory authority. (c) Review of outstanding permits The regulatory authority shall within a time limit prescribed in regulations promulgated by the regulatory authority, review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of such permit: Provided, That such revi- sion or modification shall be based upon a writ- ten finding and subject to notice and hearing re- quirements established by the State or Federal program. (Pub. L. 95–87, title V, § 511, Aug. 3, 1977, 91 Stat. 483.) § 1262. Coal exploration permits (a) Regulations; contents Each State or Federal program shall include a requirement that coal exploration operations which substantially disturb the natural land surface be conducted in accordance with explo- ration regulations issued by the regulatory au- thority. Such regulations shall include, at a minimum (1) the requirement that prior to con- ducting any exploration under this section, any person must file with the regulatory authority notice of intention to explore and such notice shall include a description of the exploration area and the period of supposed exploration and (2) provisions for reclamation in accordance with the performance standards in section 1265 of this title of all lands disturbed in exploration, including excavations, roads, drill holes, and the removal of necessary facilities and equipment. (b) Confidential information Information submitted to the regulatory au- thority pursuant to this subsection as confiden- tial concerning trade secrets or privileged com- mercial or financial information which relates to the competitive rights of the person or entity intended to explore the described area shall not be available for public examination. (c) Penalties Any person who conducts any coal exploration activities which substantially disturb the nat- ural land surface in violation of this section or regulations issued pursuant thereto shall be sub- ject to the provisions of section 1268 of this title. (d) Limitation on removal of coal No operator shall remove more than two hun- dred and fifty tons of coal pursuant to an explo- ration permit without the specific written ap- proval of the regulatory authority. (e) Law governing exploration of Federal lands Coal exploration on Federal lands shall be gov- erned by section 4 of the Federal Coal Leasing Amendments Act of 1975 (90 Stat. 1085). (Pub. L. 95–87, title V, § 512, Aug. 3, 1977, 91 Stat. 483.) Editorial Notes REFERENCES IN TEXT Section 4 of the Federal Coal Leasing Amendments Act of 1975 (90 Stat. 1085), referred to in subsec. (e), is section 4 of Pub. L. 94–377, Aug. 4, 1976, 90 Stat. 1085, re- designated the Federal Coal Leasing Amendments Act of 1976, which amended section 201(b) of this title. § 1263. Public notice and public hearings (a) Submittal of advertisement to regulatory au- thority; notification of local governmental bodies At the time of submission of an application for a surface coal mining and reclamation permit, or revision of an existing permit, pursuant to the provisions of this chapter or an approved State program, the applicant shall submit to the regulatory authority a copy of his advertise- ment of the ownership, precise location, and boundaries of the land to be affected. At the time of submission such advertisement shall be placed by the applicant in a local newspaper of general circulation in the locality of the pro- posed surface mine at least once a week for four consecutive weeks. The regulatory authority shall notify various local governmental bodies, planning agencies, and sewage and water treat- ment authorities, of 1 water companies in the lo- cality in which the proposed surface mining will take place, notifying them of the operator’s in- tention to surface mine a particularly described tract of land and indicating the application’s permit number and where a copy of the proposed mining and reclamation plan may be inspected. These local bodies, agencies, authorities, or companies may submit written comments with- in a reasonable period established by the regu- latory authority on the mining applications with respect to the effect of the proposed oper- ation on the environment which are within their area of responsibility. Such comments shall im- mediately be transmitted to the applicant by the regulatory authority and shall be made available to the public at the same locations as are the mining applications. (b) Objections to permit applications; informal conference; record Any person having an interest which is or may be adversely affected or the officer or head of any Federal, State, or local governmental agen- cy or authority shall have the right to file writ- ten objections to the proposed initial or revised application for a permit for surface coal mining and reclamation operation with the regulatory authority within thirty days after the last pub- lication of the above notice. Such objections shall immediately be transmitted to the appli- Page 285 TITLE 30—MINERAL LANDS AND MINING § 1264 cant by the regulatory authority and shall be made available to the public. If written objec- tions are filed and an informal conference re- quested, the regulatory authority shall then hold an informal conference in the locality of the proposed mining, if requested within a rea- sonable time of the receipt of such objections or request. The date, time and location of such in- formal conference shall be advertised by the reg- ulatory authority in a newspaper of general cir- culation in the locality at least two weeks prior to the scheduled conference date. The regu- latory authority may arrange with the applicant upon request by any party to the administrative proceeding access to the proposed mining area for the purpose of gathering information rel- evant to the proceeding. An electronic or steno- graphic record shall be made of the conference proceeding, unless waived by all parties. Such record shall be maintained and shall be acces- sible to the parties until final release of the ap- plicant’s performance bond. In the event all par- ties requesting the informal conference stipu- late agreement prior to the requested informal conference and withdraw their request, such in- formal conference need not be held. (c) Prior Federal coal lease hearing as evidence Where the lands included in an application for a permit are the subject of a Federal coal lease in connection with which hearings were held and determinations were made under section 201(a)(3)(A), (B) and (C) of this title, such hear- ings shall be deemed as to the matters covered to satisfy the requirements of this section and section 1264 of this title and such determina- tions shall be deemed to be a part of the record and conclusive for purposes of sections 1260, 1264 of this title and this section. (Pub. L. 95–87, title V, § 513, Aug. 3, 1977, 91 Stat. 484.) § 1264. Decisions of regulatory authority and ap- peals (a) Issuance of findings within 60 days after in- formal conference If an informal conference has been held pursu- ant to section 1263(b) of this title, the regulatory authority shall issue and furnish the applicant for a permit and persons who are parties to the administrative proceedings with the written finding of the regulatory authority, granting or denying the permit in whole or in part and stat- ing the reasons therefor, within the sixty days of said hearings. (b) Decision without informal conference; notifi- cation within a reasonable time If there has been no informal conference held pursuant to section 1263(b) of this title, the reg- ulatory authority shall notify the applicant for a permit within a reasonable time as determined by the regulatory authority and set forth in reg- ulations, taking into account the time needed for proper investigation of the site, the com- plexity of the permit application, and whether or not written objection to the application has been filed, whether the application has been ap- proved or disapproved in whole or part. (c) Request for rehearing on reasons for final de- termination; time; issuance of decision If the application is approved, the permit shall be issued. If the application is disapproved, spe- cific reasons therefor must be set forth in the notification. Within thirty days after the appli- cant is notified of the final decision of the regu- latory authority on the permit application, the applicant or any person with an interest which is or may be adversely affected may request a hearing on the reasons for the final determina- tion. The regulatory authority shall hold a hear- ing within thirty days of such request and pro- vide notification to all interested parties at the time that the applicant is so notified. If the Sec- retary is the regulatory authority the hearing shall be of record and governed by section 554 of title 5. Where the regulatory authority is the State, such hearing shall be of record, adjudica- tory in nature and no person who presided at a conference under section 1263(b) of this title shall either preside at the hearing or participate in this decision thereon or in any administrative appeal therefrom. Within thirty days after the hearing the regulatory authority shall issue and furnish the applicant, and all persons who par- ticipated in the hearing, with the written deci- sion of the regulatory authority granting or de- nying the permit in whole or in part and stating the reasons therefor. (d) Temporary relief Where a hearing is requested pursuant to sub- section (c), the Secretary, where the Secretary is the regulatory authority, or the State hearing authority may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if— (1) all parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief; (2) the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final deter- mination of the proceeding; and (3) such relief will not adversely affect the public health or safety or cause significant im- minent environmental harm to land, air, or water resources. (e) Power of regulatory authority with respect to rehearing For the purpose of such hearing, the regu- latory authority may administer oaths, sub- poena witnesses, or written or printed mate- rials, compel attendance of the witness, or pro- duction of the materials, and take evidence in- cluding but not limited to site inspections of the land to be affected and other surface coal min- ing operations carried on by the applicant in the general vicinity of the proposed operation. A verbatim record of each public hearing required by this chapter shall be made, and a transcript made available on the motion of any party or by order of the regulatory authority. (f) Right to appeal in accordance with section 1276 of this title Any applicant or any person with an interest which is or may be adversely affected who has participated in the administrative proceedings