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 780—SURFACE MINING PERMIT APPLICATIONS—MINIMUM REQUIREMENT FOR RECLAMATION AND OPERATION PLAN

30 C.F.R. § 780.31

Protection of publicly owned parks and historic places

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(a) For any publicly owned parks or any places listed on the National Register of Historic Places that may be adversely affected by the proposed operation, each plan shall describe the measures to be used—

(1) To prevent adverse impacts, or

(2) If a person has valid existing rights, as determined under § 761.16 of this chapter, or if joint agency approval is to be obtained under § 761.17(d) of this chapter, to minimize adverse impacts.

(b) The regulatory authority may require the applicant to protect historic or archeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

[52 FR 4262, Feb. 10, 1987; 64 FR 70838, Dec. 17, 1999; 81 FR 93330, Dec. 20, 2016; 82 FR 54949, Nov. 17, 2017]
Notes of Decisions
Cited in 2 cases, 1991–2014 · leading case: Sierra Club v. Sally Jewell, 764 F.3d 1 (D.C. Cir. 2014).
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Sierra Club v. Sally Jewell, 764 F.3d 1 (D.C. Cir. 2014). · cites it 4× “See 30 C.F.R. § 780.31 (a); W. Va. Code R. § 38-2-3.”
Indiana Coal Council, Inc. v. Lujan, 774 F. Supp. 1385 (D.D.C. 1991). “The Industry plaintiffs also have argued that the mitigation measures authorized or required by 30 C.F.R. § 780.31 and § 784.17 exceed the statutory authority of SMCRA.”
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