30 C.F.R. § 778.13

Providing property interest information

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You, the applicant, must provide in the permit application all of the following information for the property to be mined—

(a) The name and address of—

(1) Each legal or equitable owner(s) of record of the surface and mineral.

(2) The holder(s) of record of any leasehold interest.

(3) Any purchaser(s) of record under a real estate contract.

(b) The name and address of each owner of record of all property (surface and subsurface) contiguous to any part of the proposed permit area.

(c) A statement of all interests, options, or pending bids you hold or have made for lands contiguous to the proposed permit area. If you request in writing, we will hold as confidential, under § 773.6(d)(3)(ii) of this chapter, any information you are required to submit under this paragraph which is not on public file under State law.

(d) The Mine Safety and Health Administration (MSHA) numbers for all structures that require MSHA approval.

[65 FR 79669, Dec. 19, 2000]

Notes of Decisions

Cited in 3 cases, 1991–1997 · leading case: Coteau Props. Co. v. Dep't of Interior, 53 F.3d 1466 (8th Cir. 1995).

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Coteau Props. Co. v. Dep't of Interior, 53 F.3d 1466 (8th Cir. 1995). · cites it 5× “2-06-01(e), (f); 30 C.F.R. § 778.13 , .14 (1989). Under North Dakota and federal regulations, the PSC shall not grant a permit if the applicant is owned or controlled by an entity also owning or controlling a mining operation which is in violation of the North Dakota Surface…”

Nat'l Mining Ass'n v. United States Dep't of the Interior, 105 F.3d 691 (D.C. Cir. 1997). “See 30 C.F.R. § 778.13 (a)-(d). The rale also requires that permit applications contain information regarding permit suspensions and revocations, unabated cessation orders, and violation notices received in the preceding three years *694 by any surface coal mining operation…”

Molinary v. Powell Mountain Coal Co., Inc., 779 F. Supp. 839 (W.D. Va. 1991). “…by the SMCRA and implementing federal and state regulations. See 30 U.S.C. § 1257 (application requirements); 30 C.F.R. §§ 778.13 , .15 (identification of interests and right-of-entry information); VR §§ 480-03-19.777 to .778 (1991) (application requirements). In…”

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