30 CFR 773.4 - Requirements to obtain permits.

§ 773.4 Requirements to obtain permits.
(a) All operations. On and after 8 months from the effective date of a permanent regulatory program within a State, no person shall engage in or carry out any surface coal mining operations, unless such person has first obtained a permit issued by the regulatory authority except as provided for in paragraph (b) of this section. A permittee need not renew the permit if no surface coal mining operations will be conducted under the permit and solely reclamation activities remain to be done. Obligations established under a permit continue until completion of surface coal mining and reclamation operations, regardless of whether the authorization to conduct surface coal mining operations has expired or has been terminated, revoked, or suspended.
(b) Continuation of initial program operations.
(1) If a State program receives final disapproval under part 732 of this chapter, including judicial review of the disapproval, existing surface coal mining and reclamation operations may continue pursuant to the provisions of subchapter B of this chapter and section 502 of the Act until promulgation of a complete Federal program for the State. During this period, no new permits for surface coal mining and reclamation operations shall be issued by the State. Permits that lapse during this period may continue in full force and effect within the specified permit area until promulgation of a Federal program for the State.
(2) Except for coal preparation plants separately authorized to operate under 30 CFR 785.21(e), a person conducting surface coal mining operations, under a permit issued or amended by the regulatory authority in accordance with the requirements of section 502 of the Act, may conduct such operations beyond the period prescribed in paragraph (a) of this section if—
(i) Not later than 2 months following the effective date of a permanent regulatory program, regardless of litigation contesting that program, an application for a permanent regulatory program permit is filed for any operation to be conducted after the expiration of 8 months from such effective date in accordance with the provisions of the regulatory program;
(ii) The regulatory authority has not yet rendered an initial administrative decision approving or disapproving the permit; and
(iii) The surface coal mining and reclamation operation is conducted in compliance with the requirements of the Act, subchapter B of this chapter, applicable State statutes and regulations, and all terms and conditions of the initial program authorization or permit.
(3) No new initial program permits may be issued after the effective date of a State program unless the application was received prior to such date.
(c) Continued operations under Federal program permits.
(1) A permit issued by the Director pursuant to a Federal program for a State shall be valid under any superseding State program approved by the Secretary.
(2) The Federal permittee shall have the right to apply to the State regulatory authority for a State permit to supersede the Federal permit.
(3) The State regulatory authority may review a permit issued pursuant to the superseded Federal program to determine that the requirements of the Act and the approved State program are not violated by the Federal permit, and to the extent that the approved State program contains additional requirements not contained in the Federal program for the State, the State regulatory authority shall—
(i) Inform the permittee in writing;
(ii) Provide the permittee an opportunity for a hearing;
(iii) Provide the permittee a reasonable opportunity to resubmit the permit application in whole or in part, as appropriate; and
(iv) Provide the permittee a reasonable time to conform ongoing surface coal mining and reclamation operations to the requirements of the State program.
(d) Continued operations under State program permits.
(1) A permit issued pursuant to a previously approved or conditionally approved State program shall be valid under a superseding Federal program.
(2) Immediately following promulgation of a Federal program, the Director shall review the permits issued under the previously approved State program to determine that the requirements of the Act, this chapter, and the Federal program are not violated. If the Director determines that a permit was granted contrary to the requirments of this Act, the Director shall—
(i) Inform the permittee in writing;
(ii) Provide the permittee an opportunity for a hearing;
(iii) Provide the permittee a reasonable opportunity to resubmit the permit application in whole or in part, as appropriate; and
(iv) Provide the permittee a reasonable time to conform ongoing surface coal mining and reclamation operations to the requirements of the Federal program, as prescribed in the Federal program for the State.
[48 FR 44391, Sept. 28, 1983, as amended at 53 FR 11607, Apr. 7, 1988; 54 FR 13823, Apr. 5, 1989. Redesignated at 65 FR 79663, Dec. 19, 2000.]

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 § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

§ 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 § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

§ 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 § 460b, 460c - Repealed.

16 U.S. Code § -

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

§ 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 § 460b, 460c - Repealed.

§ 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