30 C.F.R. § 746.13

Decision document and recommendation on mining plan

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OSM shall prepare and submit to the Secretary a decision document recommending approval, disapproval or conditional approval of the mining plan to the Secretary. The recommendation shall be based, at a minimum, upon:

(a) The permit application package, including the resource recovery and protection plan;

(b) Information prepared in compliance with the National Environmental Policy Act of 1969, 42 U.S.C. 4321, et seq.;

(c) Documentation assuring compliance with the applicable requirements of other Federal laws, regulations and executive orders other than the Act;

(d) Comments and recommendations or concurrence of other Federal agencies, as applicable, and the public;

(e) The findings and recommendations of the Bureau of Land Management with respect to the resource recovery and protection plan and other requirements of the lease and the Mineral Leasing Act;

(f) The findings and recommendations of the regulatory authority with respect to the permit application and the State program; and

(g) The findings and recommendations of OSM with respect to the additional requirements of this subchapter.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 2010–2021 · 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 8× “See 30 C.F.R. § 746.13 . Based on the information provided in UEI's original unified application packet, OSM recommended approval of the plan.”

Montana Env't Info. Ctr. v. U.S. Off. of Surface Mining, 274 F. Supp. 3d 1074 (D. Mont. 2017). · cites it 3× “§ 1211 ; 30 C.F.R. § 746.13 . The legal process is not simplistic and-it is designed not only to make mining opportunities available, but also to ensure the environment is protected by, considerations of relevant issues and materials before a permit is issued or modified.”

WildEarth Guardians v. United States Off. of Surface Mining, Reclamation & Enf't, 104 F. Supp. 3d 1208 (D. Colo. 2015). “30 C.F.R. § 746.13 . At a minimum, a .mining plan must be compliant with the applicable requirements of federal laws, regulations, and executive orders, with the information contained therein .”

Powder River Basin Res. Council v. Jewell, 358 F. Supp. 3d 1238 (D. Wyo. 2018). · cites it 4× “OSMRE recommends mining plan approval; mining plans must meet the requirements of 30 C.F.R. § 746.13 . The plans must be based upon, at a minimum: (a) The permit application package, including the resource recovery and protection plan; (b) Information prepared in compliance with…”

WildEarth Guardians v. Bernhardt (D. Colo. 2019). “” 30 C.F.R. § 746.13 . Under the SMRCA, OSM must base its recommendation on, among other things, information prepared in compliance with NEPA, “comments and recommendations or concurrence of other federal agencies, as applicable, and the public,” “findings and recommendations of…”

Wildearth Guardians v. Zinke (D. Mont. 2021). “” 30 C.F.R. § 746.13 . The decision document must be stem from several factors including “[i]nformation 16 prepared in compliance with the National Environmental Policy Act.”

— 30 C.F.R. § 746.13(f) — 1 case

Powder River Basin Res. Council v. Jewell, 358 F. Supp. 3d 1238 (D. Wyo. 2018). “OSMRE recommends mining plan approval; mining plans must meet the requirements of 30 C.F.R. § 746.13 . The plans must be based upon, at a minimum: (a) The permit application package, including the resource recovery and protection plan; (b) Information prepared in compliance with…”

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