30 CFR 773.15 - What findings must the regulatory authority make before approving a permit application?

§ 773.15 What findings must the regulatory authority make before approving a permit application?

The regulatory authority may not approve any application for a permit or a significant revision of a permit that you, the applicant, submit unless the application affirmatively demonstrates and the regulatory authority finds, in writing, on the basis of information set forth in the application or from information otherwise available that is documented in the approval, that -

(a) The application is accurate and complete and you have complied with all applicable requirements of the Act and the regulatory program.

(b) You have demonstrated that reclamation as required by the Act and the regulatory program can be accomplished under the reclamation plan contained in the permit application.

(c) The proposed permit area is not within an area -

(1) Under study or administrative proceedings under a petition filed pursuant to part 764 or part 769 of this chapter to have an area designated as unsuitable for surface coal mining operations, unless you demonstrate that you made substantial legal and financial commitments before January 4, 1977, in relation to the operation covered by the permit application;

(2) Designated under parts 762 and 764 or 769 of this chapter as unsuitable for the type of surface coal mining operations that you propose to conduct; or

(3) Subject to the prohibitions of § 761.11 of this chapter, unless one or more of the exceptions provided under that section apply.

(d) For mining operations where the private mineral estate to be mined has been severed from the private surface estate, you have submitted to the regulatory authority the documentation required under § 778.15(b) of this chapter.

(e) The regulatory authority has -

(1) Made an assessment of the probable cumulative impacts of all anticipated coal mining on the hydrologic balance in the cumulative impact area; and

(2) Determined that the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.

(f) You have demonstrated that any existing structure will comply with § 701.11(d) of this chapter and the applicable performance standards of subchapter B or K of this chapter.

(g) You have paid all reclamation fees from previous and existing operations as required by subchapter R of this chapter.

(h) You have satisfied the applicable requirements of part 785 of this chapter.

(i) If applicable, you have satisfied the requirements for approval of a long-term, intensive agricultural postmining land use.


(1) You have provided documentation that the proposed surface coal mining and reclamation operations would have no effect on species listed or proposed for listing as threatened or endangered under the Endangered Species Act of 1973, 16 U.S.C. 1531et seq., or on designated or proposed critical habitat under that law; or

(2) You and the regulatory authority have documented compliance with a valid biological opinion that covers issuance of permits for surface coal mining operations and the conduct of those operations under the applicable regulatory program; or

(3) You have provided documentation that interagency consultation under section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1536, has been completed for the proposed operation; or

(4) You have provided documentation that the proposed operation is covered under a permit issued pursuant to section 10 of the Endangered Species Act of 1973, 16 U.S.C. 1539.

(k) The regulatory authority has taken into account the effect of the proposed permitting action on properties listed on and eligible for listing on the National Register of Historic Places. This finding may be supported in part by inclusion of appropriate permit conditions or changes in the operation plan protecting historic resources or a documented decision that the regulatory authority has determined that no additional protection measures are necessary.

(l) For a proposed remining operation where you intend to reclaim in accordance with the requirements of § 816.106 or § 817.106 of this chapter, the site of the operation is a previously mined area, as that term is defined in § 701.5 of this chapter.

(m) You are eligible to receive a permit, based on the reviews under §§ 773.7 through 773.14 of this part.

(n) You have demonstrated, and the regulatory authority concurs, that -

(1) The operation has been designed to prevent the formation of toxic mine drainage that would require long-term treatment after mining has been completed.

(2) A thorough analysis of all available evidence supports a conclusion that the design of the proposed operation will work as intended to prevent the formation of discharges that would require long-term treatment after mining has been completed. If a study or other evidence supports a contrary conclusion, you must explain why that study or other evidence is not credible or applicable to the proposed operation.

(o) To the extent possible using the best technology currently available, the proposed operation has been designed to minimize disturbances and adverse impacts on fish, wildlife, and related environmental values and to achieve enhancement of those resources where practicable, as required under § 780.16 or § 784.16 of this chapter.

[ 81 FR 93324, Dec. 20, 2016]

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 - Omitted

§ 469a - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 469a-1

§ 469a-2

§ 469a-3

§ 469b - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 469c - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 469c-1

§ 469c-2

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

§ 469e - Plan for continental glaciation

§ 469f - Repealed. Pub. L. 91–483, § 1(1), Oct. 21, 1970, 84 Stat. 1083

§ 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. Pub. L. 91–483, § 1(4), Oct. 21, 1970, 84 Stat. 1083

§ 469j - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 469k - Repealed. Pub. L. 104–333, div. I, title VI, § 604(e)(1), Nov. 12, 1996, 110 Stat. 4173; Pub. L. 107–359, § 3(4)(A), Dec. 17, 2002, 116 Stat. 3016; Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 469k-1

§ 469l - Omitted or Transferred

§ 469l-1

§ 469l-2

§ 469l-3

§ 469m - Repealed or Omitted

§ 469n - Preserve America Program

§ 469o - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470 - Transferred or Omitted

§ 470-1

§ 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

§ 470ll - Annual report to Congress

§ 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 of lands to Secretary of the Interior; administration, development, and disposition

§ 666g - Classification of lands; industrial leases; moneys subject to section 715s of this title; administration; jurisdiction of Federal agencies

§ 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. Pub. L. 97–79, § 9(b)(2), Nov. 16, 1981, 95 Stat. 1079

§ 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 and 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