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. § 746.17

Term of approval

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(a) Each mining plan approval shall cover the operations for which a complete permit application package was submitted, unless otherwise indicated in the approval.

(b) An approved mining plan shall remain in effect until modified, cancelled or withdrawn and shall be binding on any person conducting mining under the approved mining plan.

Notes of Decisions
Cited in 2 cases, 2010–2015 · 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× “" [11] 30 C.F.R. § 746.17 (b). Therefore OSM is under no statutory or regulatory duty to provide a recommendation for a mining plan that has already been approved, unless the initial plan has been modified or canceled.”
WildEarth Guardians v. United States Off. of Surface Mining, Reclamation & Enf't, 104 F. Supp. 3d 1208 (D. Colo. 2015). “” 30 C.F.R. § 746.17 (b). If. a lessee seeks to extend coal mining and reclamation operations onto previously un-mined federal, lands, a mining plan modification is required.”
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