§ 1264. — Decisions of regulatory authority and appeals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1264]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER V--CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
MINING
Sec. 1264. Decisions of regulatory authority and appeals
(a) Issuance of findings within 60 days after informal conference
If an informal conference has been held pursuant 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 stating the
reasons therefor, within the sixty days of said hearings.
(b) Decision without informal conference; notification within a
reasonable time
If there has been no informal conference held pursuant to section
1263(b) of this title, the regulatory authority shall notify the
applicant for a permit within a reasonable time as determined by the
regulatory authority and set forth in regulations, taking into account
the time needed for proper investigation of the site, the complexity of
the permit application, and whether or not written objection to the
application has been filed, whether the application has been approved or
disapproved in whole or part.
(c) Request for rehearing on reasons for final determination; time;
issuance of decision
If the application is approved, the permit shall be issued. If the
application is disapproved, specific reasons therefor must be set forth
in the notification. Within thirty days after the applicant is notified
of the final decision of the regulatory 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 determination. The regulatory authority shall hold a hearing
within thirty days of such request and provide notification to all
interested parties at the time that the applicant is so notified. If the
Secretary 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, adjudicatory 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 participated in the hearing,
with the written decision of the regulatory authority granting or
denying the permit in whole or in part and stating the reasons therefor.
(d) Temporary relief
Where a hearing is requested pursuant to subsection (c) of this
section, 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 determination of the proceeding; and
(3) such relief will not adversely affect the public health or
safety or cause significant imminent environmental harm to land,
air, or water resources.
(e) Power of regulatory authority with respect to rehearing
For the purpose of such hearing, the regulatory authority may
administer oaths, subpoena witnesses, or written or printed materials,
compel attendance of the witness, or production of the materials, and
take evidence including but not limited to site inspections of the land
to be affected and other surface coal mining 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 as an objector, and who is aggrieved by the decision of the
regulatory authority, or if the regulatory 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, Sec. 514, Aug. 3, 1977, 91 Stat. 485.)
Section Referred to in Other Sections
This section is referred to in sections 1256, 1263 of this title.
