30 CFR 773.14 - Eligibility for provisionally issued permits.

§ 773.14 Eligibility for provisionally issued permits.
(a) This section applies to you if you are an applicant who owns or controls a surface coal mining and reclamation operation with—
(1) A notice of violation issued under § 843.12 of this chapter or the State regulatory program equivalent for which the abatement period has not yet expired; or
(2) A violation that is unabated or uncorrected beyond the abatement or correction period.
(b) We, the regulatory authority, will find you eligible for a provisionally issued permit under this section if you demonstrate that one or more of the following circumstances exists with respect to all violations listed in paragraph (a) of this section—
(1) For violations meeting the criteria of paragraph (a)(1) of this section, you certify that the violation is being abated to the satisfaction of the regulatory authority with jurisdiction over the violation, and we have no evidence to the contrary.
(2) As applicable, you, your operator, and operations that you or your operator own or control are in compliance with the terms of any abatement plan (or, for delinquent fees or penalties, a payment schedule) approved by the agency with jurisdiction over the violation.
(3) You are pursuing a good faith—
(i) Challenge to all pertinent ownership or control listings or findings under §§ 773.25 through 773.27 of this part; or
(ii) Administrative or judicial appeal of all pertinent ownership or control listings or findings, unless there is an initial judicial decision affirming the listing or finding and that decision remains in force.
(4) The violation is the subject of a good faith administrative or judicial appeal contesting the validity of the violation, unless there is an initial judicial decision affirming the violation and that decision remains in force.
(c) We will consider a provisionally issued permit to be improvidently issued, and we must immediately initiate procedures under §§ 773.22 and 773.23 of this part to suspend or rescind that permit, if—
(1) Violations included in paragraph (b)(1) of this section are not abated within the specified abatement period;
(2) You, your operator, or operations that you or your operator own or control do not comply with the terms of an abatement plan or payment schedule mentioned in paragraph (b)(2) of this section;
(3) In the absence of a request for judicial review, the disposition of a challenge and any subsequent administrative review referenced in paragraph (b)(3) or (4) of this section affirms the validity of the violation or the ownership or control listing or finding; or
(4) The initial judicial review decision referenced in paragraph (b)(3)(ii) or (4) of this section affirms the validity of the violation or the ownership or control listing or finding.
[65 FR 79663, Dec. 19, 2000, as amended at 72 FR 68029, Dec. 3, 2007]

Title 30 published on 2013-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 16 - CONSERVATION

§ 469 - Preservation of historical and archeological data threatened by dam construction or alterations of terrain

§ 469a - Notice of dam construction to be given Secretary of the Interior by United States agencies

16 U.S. Code § 469a–1 - Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data by Federal...of the Interior; survey; recovery, preservation, and protection of data

16 U.S. Code § 469a–2 - Survey by Secretary of the Interior; recovery and preservation of data; compensation for delays in construction and for temporary loss of use of land

16 U.S. Code § 469a–3 - Progress reports by Secretary of the Interior on surveys and work undertaken as result of surveys; disposition...and specimens recovered; coordination of survey and recovery activities; annual report

§ 469b - Administration; contracts or agreements; services of experts, consultants, or organizations; acceptance of funds

§ 469c - Assistance to Secretary of the Interior by Federal agencies responsible for construction projects; authorization of appropriations

16 U.S. Code § 469c–1 - “State” defined

16 U.S. Code § 469c–2 - Costs for identification, surveys, evaluation and data recovery with respect to historic properties

§ 469d - Ice Age National Scientific Reserve; statement of purpose

§ 469e - Plan for continental glaciation

§ 469f - Repealed.

§ 469g - Ice Age National Scientific Reserve; recommendations for Federal and State participation in financing public facilities and services

§ 469h - Comprehensive plan for Reserve Development

§ 469i - Repealed.

§ 469j - Commission for the Preservation of America’s Heritage Abroad

§ 469k - Repealed.

16 U.S. Code § 469k–1 - American Battlefield Protection Program

16 U.S. Code § -

16 U.S. Code § -

16 U.S. Code § -

16 U.S. Code § -

§ 469m - Women’s Rights National Historical Park

§ 469n - Preserve America Program

16 U.S. Code § -

§ 470 - Short title; Congressional finding and declaration of policy

16 U.S. Code § 470–1 - Declaration of policy of the Federal Government

§ 470aa - Congressional findings and declaration of purpose

§ 470bb - Definitions

§ 470cc - Excavation and removal

§ 470dd - Custody of archaeological resources

§ 470ee - Prohibited acts and criminal penalties

§ 470ff - Civil penalties

§ 470gg - Enforcement

§ 470hh - Confidentiality of information concerning nature and location of archaeological resources

§ 470ii - Rules and regulations; intergovernmental coordination

§ 470jj - Cooperation with private individuals

§ 470kk - Savings provisions

16 U.S. Code § -

§ 470mm - Surveying of lands; reporting of violations

§ 661 - Declaration of purpose; cooperation of agencies; surveys and investigations; donations

§ 662 - Impounding, diverting, or controlling of waters

§ 663 - Impoundment or diversion of waters

§ 664 - Administration; rules and regulations; availability of lands to State agencies

§ 665 - Investigations as to effect of sewage, industrial wastes; reports

§ 665a - Maintenance of adequate water levels in upper Mississippi River

§ 666 - Authorization of appropriations

§ 666a - Penalties

§ 666b - Definitions

§ 666c - Applicability to Tennessee Valley Authority

§ 666d - Skagit National Wildlife Refuge; exchange of lands

§ 666e - Administration of acquired lands

§ 666f - Wildlife conservation and agricultural, industrial, recreational, and related uses for certain Federal lands; transfer...lands to Secretary of the Interior; administration, development, and disposition

§ 666g - Classification of lands; industrial leases; moneys subject to

§ 667 - Game management supply depots; appropriations

§ 667a - Omitted

§ 667b - Transfer of certain real property for wildlife conservation purposes; reservation of rights

§ 667c - Publication of designating order

§ 667d - Reports to Congress

§ 667e - Repealed.

§ 668a - Taking and using of the bald and golden eagle for scientific, exhibition, and religious purposes

§ 668b - Enforcement provisions

§ 668c - Definitions

§ 668d - Availability of appropriations for Migratory Bird Treaty Act

§ 703 - Taking, killing, or possessing migratory birds unlawful

§ 704 - Determination as to when and how migratory birds may be taken, killed, or possessed

§ 705 - Transportation or importation of migratory birds; when unlawful

§ 706 - Arrests; search warrants

§ 707 - Violations and penalties; forfeitures

§ 708 - State or Territorial laws or regulations

§ 709 - Omitted

§ 709a - Authorization of appropriations

§ 710 - Partial invalidity; short title

§ 711 - Breeding and sale for food supply

§ 712 - Treaty and convention implementing regulations; seasonal taking of migratory birds for essential needs of indigenous Alaskans to preserve...maintain stocks of the birds; protection and conservation of the birds

§ 1531 - Congressional findings and declaration of purposes and policy

§ 1532 - Definitions

§ 1533 - Determination of endangered species and threatened species

§ 1534 - Land acquisition

§ 1535 - Cooperation with States

§ 1536 - Interagency cooperation

§ 1537 - International cooperation

§ 1537a - Convention implementation

§ 1538 - Prohibited acts

§ 1539 - Exceptions

§ 1540 - Penalties and enforcement

§ 1541 - Endangered plants

§ 1542 - Authorization of appropriations

§ 1543 - Construction with Marine Mammal Protection Act of 1972

§ 1544 - Annual cost analysis by Fish and Wildlife Service

U.S. Code: Title 30 - MINERAL LANDS AND MINING