U.S. Code » Title 30 » Chapter CHAPTER 25— SURFACE MINING CONTROL AND RECLAMATION › Subchapter SUBCHAPTER V— CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING

30 U.S.C. § 1261

Revision of permits

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(a) Application and revised reclamation plan; requirements; extensions to area covered(1) During the term of the permit the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the regulatory authority.(2) An application for a revision of a permit shall not be approved unless the regulatory authority finds that reclamation as required by this chapter and the State or Federal program can be accomplished under the revised reclamation plan. The revision shall be approved or disapproved within a period of time established by the State or Federal program. The regulatory authority shall establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, shall apply: Provided, That any revisions which propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.(3) Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit.(b) Transfer, assignment, or sale of rights under permit

No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this chapter shall be made without the written approval of the regulatory authority.

(c) Review of outstanding permits

The regulatory authority shall within a time limit prescribed in regulations promulgated by the regulatory authority, review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of such permit: Provided, That such revision or modification shall be based upon a written finding and subject to notice and hearing requirements established by the State or Federal program.

(Pub. L. 95–87, title V, § 511, Aug. 3, 1977, 91 Stat. 483.)
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1984–2026 · leading case: Arsenal Coal Co. v. Commonwealth, Dep't of Env't Resources, 477 A.2d 1333 (Pa. 1984).
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Arsenal Coal Co. v. Commonwealth, Dep't of Env't Resources, 477 A.2d 1333 (Pa. 1984). · cites it 2× “§ 1260 ), permit revisions (Section 511, 30 U.S.C. § 1261 ), public notice and public hearings on permit applications (Section 513, 30 U.”
Indiana Dep't of Nat. Resources v. United Minerals, Inc., 686 N.E.2d 851 (Ind. Ct. App. 1997). “30 U.S.C. § 1261 (c) (1977) (Emphasis added).”
United States v. McCune, 763 F. Supp. 916 (S.D. Ohio 1989). “, McFo company never notified OSMRE of the sale, nor was there any approval by the regulatory authority to transfer, assign, or sell the rights granted under any permit as required by 30 U.S.C. § 1261 (b). Consequently, McFo remained the permittee at all relevant times.”
Nat'l Mining Ass'n v. Off. of Hearings & Appeals, 777 F. Supp. 2d 164 (D.D.C. 2011). “Proceedings to Review Permit Revisions Ordered by OSM (SMCRA § 511) Section 511 of the SMCRA, 30 U.S.C. § 1261 , applies to revision of permits.”
Citizens for Constitutional Integrity v. United States, No. 25-1006 (10th Cir. Apr. 7, 2026). · cites it 3× “See 30 U.S.C. § 1261 . A federal agency approved the revision; but the agency then encountered challenges from two advocacy groups, Citizens for Constitutional Integrity and Southwest Advocates, Inc.”
Nat'l Mining Ass'n v. Off. of Hearings & Appeals, No. 2004-0128 (D.D.C. Apr. 15, 2011). “Proceedings to Review Permit Revisions 13 Ordered by OSM (SMCRA §511) 14 Section 511 of the SMCRA, 30 U.S.C. § 1261 , applies to revision of permits.”
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