30 U.S.C. § 1264 — Decisions of regulatory authority and ap-

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 Page 286 TITLE 30—MINERAL LANDS AND MINING § 1265 as an objector, and who is aggrieved by the deci- sion of the regulatory authority, or if the regu- latory authority fails to act within the time limits specified in this chapter shall have the right to appeal in accordance with section 1276 of this title. (Pub. L. 95–87, title V, § 514, Aug. 3, 1977, 91 Stat. 485.) § 1265. Environmental protection performance standards (a) Permit requirement Any permit issued under any approved State or Federal program pursuant to this chapter to conduct surface coal mining operations shall re- quire that such surface coal mining operations will meet all applicable performance standards of this chapter, and such other requirements as the regulatory authority shall promulgate. (b) General standards General performance standards shall be appli- cable to all surface coal mining and reclamation operations and shall require the operation as a minimum to— (1) conduct surface coal mining operations so as to maximize the utilization and con- servation of the solid fuel resource being re- covered so that reaffecting the land in the fu- ture through surface coal mining can be mini- mized; (2) restore the land affected to a condition capable of supporting the uses which it was ca- pable of supporting prior to any mining, or higher or better uses of which there is reason- able likelihood, so long as such use or uses do not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollu- tion, and the permit applicants’ declared pro- posed land use following reclamation is not deemed to be impractical or unreasonable, in- consistent with applicable land use policies and plans, involves unreasonable delay in im- plementation, or is violative of Federal, State, or local law; (3) except as provided in subsection (c) with respect to all surface coal mining operations backfill, compact (where advisable to insure stability or to prevent leaching of toxic mate- rials), and grade in order to restore the ap- proximate original contour of the land with all highwalls, spoil piles, and depressions eliminated (unless small depressions are need- ed in order to retain moisture to assist revege- tation or as otherwise authorized pursuant to this chapter): Provided, however, That in sur- face coal mining which is carried out at the same location over a substantial period of time where the operation transects the coal deposit, and the thickness of the coal deposits relative to the volume of the overburden is large and where the operator demonstrates that the overburden and other spoil and waste materials at a particular point in the permit area or otherwise available from the entire permit area is insufficient, giving due consid- eration to volumetric expansion, to restore the approximate original contour, the oper- ator, at a minimum, shall backfill, grade, and compact (where advisable) using all available overburden and other spoil and waste mate- rials to attain the lowest practicable grade but not more than the angle of repose, to pro- vide adequate drainage and to cover all acid- forming and other toxic materials, in order to achieve an ecologically sound land use com- patible with the surrounding region: And pro- vided further, That in surface coal mining where the volume of overburden is large rel- ative to the thickness of the coal deposit and where the operator demonstrates that due to volumetric expansion the amount of overbur- den and other spoil and waste materials re- moved in the course of the mining operation is more than sufficient to restore the approxi- mate original contour, the operator shall after restoring the approximate contour, backfill, grade, and compact (where advisable) the ex- cess overburden and other spoil and waste ma- terials to attain the lowest grade but not more than the angle of repose, and to cover all acid- forming and other toxic materials, in order to achieve an ecologically sound land use com- patible with the surrounding region and that such overburden or spoil shall be shaped and graded in such a way as to prevent slides, ero- sion, and water pollution and is revegetated in accordance with the requirements of this chapter; (4) stabilize and protect all surface areas in- cluding spoil piles affected by the surface coal mining and reclamation operation to effec- tively control erosion and attendant air and water pollution; (5) remove the topsoil from the land in a sep- arate layer, replace it on the backfill area, or if not utilized immediately, segregate it in a separate pile from other spoil and when the topsoil is not replaced on a backfill area with- in a time short enough to avoid deterioration of the topsoil, maintain a successful cover by quick growing plant or other means thereafter so that the topsoil is preserved from wind and water erosion, remains free of any contamina- tion by other acid or toxic material, and is in a usable condition for sustaining vegetation when restored during reclamation, except if topsoil is of insufficient quantity or of poor quality for sustaining vegetation, or if other strata can be shown to be more suitable for vegetation requirements, then the operator shall remove, segregate, and preserve in a like manner such other strata which is best able to support vegetation; (6) restore the topsoil or the best available subsoil which is best able to support vegeta- tion; (7) for all prime farm lands as identified in section 1257(b)(16) of this title to be mined and reclaimed, specifications for soil removal, storage, replacement, and reconstruction shall be established by the Secretary of Agriculture, and the operator shall, as a minimum, be re- quired to— (A) segregate the A horizon of the natural soil, except where it can be shown that other available soil materials will create a final soil having a greater productive capacity; and if not utilized immediately, stockpile this material separately from other spoil,