C.F.R. » Title 30 » CHAPTER VII—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER G—SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SYSTEMS UNDER REGULATORY PROGRAMS › PART 774—REVISION; RENEWAL; TRANSFER, ASSIGNMENT, OR SALE OF PERMIT RIGHTS; POST-PERMIT ISSUANCE REQUIREMENTS; AND OTHER ACTIONS BASED ON OWNERSHIP, CONTROL, AND VIOLATION INFOR…

30 C.F.R. § 774.10

Regulatory authority review of permits

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(a) The regulatory authority shall review each permit issued and outstanding under an approved regulatory program during the term of the permit. This review shall occur not later than the middle of each permit term and as follows:

(1) Permits with a term longer than 5 years shall be reviewed no less frequently than the permit midterm or every 5 years, whichever is more frequent.

(2) Permits with variances granted in accordance with § 785.14 of this chapter (mountaintop removal) and § 785.18 of this chapter (variance for delay in contemporaneous reclamation requirement in combined surface and underground mining operations) of this chapter shall be reviewed no later than 3 years from the date of issuance of the permit unless, for variances issued in accordance with § 785.14 of this chapter, the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the permit.

(3) Permits containing experimental practices issued in accordance with § 785.13 of this chapter and permits with a variance from approximate original contour requirements in accordance with § 785.16 shall be reviewed as set forth in the permit or at least every 2 1/2 years from the date of issuance as required by the regulatory authority, in accordance with §§ 785.13(g) and 785.16(c) of this chapter, respectively.

(b) After the review required by paragraph (a) of this section, or at any time, the regulatory authority may, by order, require reasonable revision of a permit in accordance with § 774.13 to ensure compliance with the Act and the regulatory program.

(c) Any order of the regulatory authority requiring revision of a permit shall be based upon written findings and shall be subject to the provisions for administrative and judicial review in part 775 of this chapter. Copies of the order shall be sent to the permittee.

(d) Permits may be suspended or revoked in accordance with subchapter L of this chapter.

[48 FR 44398, Sept. 28, 1983. Redesignated at 65 FR 79667, Dec. 19, 2000, as amended at 81 FR 93325, Dec. 20, 2016; 82 FR 54944, Nov. 17, 2017]
Notes of Decisions
Cited in 2 cases, 2011–2011 · leading case: Nat'l Mining Ass'n v. Off. of Hearings & Appeals, 777 F. Supp. 2d 164 (D.D.C. 2011).
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Nat'l Mining Ass'n v. Off. of Hearings & Appeals, 777 F. Supp. 2d 164 (D.D.C. 2011). “OSM’s implementing regulations at 30 C.F.R. 774.10(a) provide that the regulatory authority must review each permit issued under an approved program not later than the middle of each permit term.”
Nat'l Mining Ass'n v. Off. of Hearings & Appeals (D.D.C. 2011). “22 OSM’s implementing regulations at 30 CFR 774.10(a) provide that the regulatory 23 authority must review each permit issued under an approved program not later than the middle of 24 each permit term.”
— 30 C.F.R. § 774.10(a) — 2 cases
Nat'l Mining Ass'n v. Off. of Hearings & Appeals, 777 F. Supp. 2d 164 (D.D.C. 2011). “OSM’s implementing regulations at 30 C.F.R. 774.10(a) provide that the regulatory authority must review each permit issued under an approved program not later than the middle of each permit term.”
Nat'l Mining Ass'n v. Off. of Hearings & Appeals (D.D.C. 2011). “22 OSM’s implementing regulations at 30 CFR 774.10(a) provide that the regulatory 23 authority must review each permit issued under an approved program not later than the middle of 24 each permit term.”
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