§ 1256. — Permits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1256]
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. 1256. Permits
(a) Persons engaged in surface coal mining within State; time limit;
exception
No later than eight months from the date on which a State program is
approved by the Secretary, 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 State any surface coal mining operations
unless such person has first obtained a permit issued by such State
pursuant to an approved State program 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 period if an application for a
permit has been filed in accordance with the provisions of this chapter,
but the initial administrative decision has not been rendered.
(b) Term
All permits issued pursuant to the requirements 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 application 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
coverage of the original permittee may continue surface coal mining and
reclamation operations according to the approved mining and reclamation
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 operations covered by such permit within three years
of the issuance of the permit: Provided, That the regulatory authority
may grant reasonable extensions of time upon a showing that such
extensions are necessary by reason of litigation 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 accordance 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 commenced
surface mining operations at such time as the construction of the
synthetic fuel or generating facility is initiated.
(d) Renewal
(1) Any valid permit issued pursuant to this chapter shall carry
with it the right of successive renewal upon expiration with respect to
areas within the boundaries of the existing permit. The holders of the
permit may apply for renewal 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 established that and
written findings by the regulatory 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 reclamation 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 jeopardizes the
operator's continuing responsibility 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 information required by
the regulatory authority has not been provided. Prior to the
approval of any renewal of permit the regulatory authority shall
provide notice to the appropriate public authorities.
(2) If an application for renewal of a valid permit includes a
proposal to extend the mining operation 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 surface coal mining operations authorized
by a permit 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
reclamation 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 established 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, Sec. 506, Aug. 3, 1977, 91 Stat. 473.)
References in Text
The Federal Mineral Leasing Act, as amended, referred to in subsec.
(c), probably means act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended,
known as the Mineral Leasing Act, which is classified generally to
chapter 3A (Sec. 181 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 181
of this title and Tables.
Section Referred to in Other Sections
This section is referred to in section 1232 of this title.
