C.F.R. » Title 30 » CHAPTER VII—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER D—FEDERAL LANDS PROGRAM › PART 746—REVIEW AND APPROVAL OF MINING PLANS

30 C.F.R. § 746.11

General requirements

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(a) No person shall conduct surface coal mining and reclamation operations on lands containing leased Federal coal until the Secretary has approved the mining plan.

(b) Surface coal mining and reclamation operations on lands containing leased Federal coal shall be conducted in accordance with a permit issued in accordance with this subchapter, any lease terms and conditions, and the approved mining plan.

Notes of Decisions
Cited in 5 cases, 2004–2017 · leading case: S. Utah Wilderness All. v. Off. of Surface Mining Reclamation & Enf't, 620 F.3d 1227 (10th Cir. 2010).
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S. Utah Wilderness All. v. Off. of Surface Mining Reclamation & Enf't, 620 F.3d 1227 (10th Cir. 2010). · cites it 2× “See 30 C.F.R. § 746.11 . To assist the Department in making this decision, OSM prepares a recommendation based on the permit application package and other information regarding the proposed mining plan.”
Montana Env't Info. Ctr. v. U.S. Off. of Surface Mining, 274 F. Supp. 3d 1074 (D. Mont. 2017). “§ 207 (c); 30 C.F.R. § 746.11 (a). The Secretary’s' decision to approve or deny a mining plan or mining plan modification is based on a recommendation from the Enforcement Office, the operation of which is in turn governed by the Surface Act.”
Wildearth Guardians v. United States Forest Serv., 828 F. Supp. 2d 1223 (D. Colo. 2011). “30 C.F.R. §§ 746.11 (a), 746.13. Pursuant to a cooperative agreement with the DOI, the Colorado Division of Reclamation, Mining, and Safety ("DRMS”) issues the mine permit for mines on federal lands.”
WildEarth Guardians v. United States Off. of Surface Mining, Reclamation & Enf't, 104 F. Supp. 3d 1208 (D. Colo. 2015). “See 30 C.F.R. § 746.11 (a); S. Utah Wilderness Alliance v.”
Utah Env't Cong. v. U.S. Bureau of Land Mgmt., 119 F. App'x 218 (10th Cir. 2004). “But, as the plaintiffs did not adequately present their case on appeal, and as the Forest Service did not preserve its ability (and responsibility, it seems) to participate in the final process, we are left with the Office of Surface Mining’s conclusion that the submitted permit…”
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