30 U.S.C. § 1275

Review by Secretary

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(a) Application for review of order or notice; investigation; hearing; notice(1) A permittee issued a notice or order by the Secretary pursuant to the provisions of paragraphs (2) and (3) of subsection (a) of section 1271 of this title, or pursuant to a Federal program or the Federal lands program or any person having an interest which is or may be adversely affected by such notice or order or by any modification, vacation, or termination of such notice or order, may apply to the Secretary for review of the notice or order within thirty days of receipt thereof or within thirty days of its modification, vacation, or termination. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing, at the request of the applicant or the person having an interest which is or may be adversely affected, to enable the applicant or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof. The filing of an application for review under this subsection shall not operate as a stay of any order or notice.(2) The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five days prior thereto. Any such hearing shall be of record and shall be subject to section 554 of title 5.(b) Findings of fact; issuance of decision

Upon receiving the report of such investigation, the Secretary shall make findings of fact, and shall issue a written decision, incorporating therein an order vacating, affirming, modifying, or terminating the notice or order, or the modification, vacation, or termination of such notice or order complained of and incorporate his findings therein. Where the application for review concerns an order for cessation of surface coal mining and reclamation operations issued pursuant to the provisions of paragraph (2) or (3) of subsection (a) of section 1271 of this title, the Secretary shall issue the written decision within thirty days of the receipt of the application for review, unless temporary relief has been granted by the Secretary pursuant to subsection (c) of this section or by the court pursuant to subsection (c) of section 1276 of this title.

(c) Temporary relief; issuance of order or decision granting or denying reliefPending completion of the investigation and hearing required by this section, the applicant may file with the Secretary a written request that the Secretary grant temporary relief from any notice or order issued under section 1271 of this title, a Federal program or the Federal lands program together with a detailed statement giving reasons for granting such relief. The Secretary shall issue an order or decision granting or denying such relief expeditiously: Provided, That where the applicant requests relief from an order for cessation of coal mining and reclamation operations issued pursuant to paragraph (2) or (3) of subsection (a) of section 1271 of this title, the order or decision on such a request shall be issued within five days of its receipt. The Secretary may grant such relief, under such conditions as he may prescribe, if—(1) a hearing has been held in the locality of the permit area on the request for temporary relief in which all parties were given an opportunity to be heard;(2) the applicant shows that there is substantial likelihood that the findings of the Secretary will be favorable to him; and(3) such relief will not adversely affect the health or safety of the public or cause significant, imminent environmental harm to land, air, or water resources.(d) Notice and hearing with respect to section 1271 order to show cause

Following the issuance of an order to show cause as to why a permit should not be suspended or revoked pursuant to section 1271 of this title, the Secretary shall hold a public hearing after giving written notice of the time, place, and date thereof. Any such hearing shall be of record and shall be subject to section 554 of title 5. Within sixty days following the public hearing, the Secretary shall issue and furnish to the permittee and all other parties to the hearing a written decision, and the reasons therefor, concerning suspension or revocation of the permit. If the Secretary revokes the permit, the permittee shall immediately cease surface coal mining operations on the permit area and shall complete reclamation within a period specified by the Secretary, or the Secretary shall declare as forfeited the performance bonds for the operation.

(e) Costs

Whenever an order is issued under this section, or as a result of any administrative proceeding under this chapter, at the request of any person, a sum equal to the aggregate amount of all costs and expenses (including attorney fees) as determined by the Secretary to have been reasonably incurred by such person for or in connection with his participation in such proceedings, including any judicial review of agency actions, may be assessed against either party as the court, resulting from judicial review or the Secretary, resulting from administrative proceedings, deems proper.

(Pub. L. 95–87, title V, § 525, Aug. 3, 1977, 91 Stat. 511.)

Notes of Decisions

Cited in 56 cases (3 in the last 5 years), 1978–2023 · leading case: Hodel v. Virginia Surface Mining & Reclamation Assn., Inc., 452 U.S. 264 (1981).

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Hodel v. Virginia Surface Mining & Reclamation Assn., Inc., 452 U.S. 264 (1981). · cites it 4× “§ 525 (c), 30 U. S. C. § 1275 (1976 ed., Supp. III).”

Shawnee Coal Co. v. Cecil D. Andrus, Sec'y of the Interior, 661 F.2d 1083 (6th Cir. 1981). · cites it 7× “After concluding that Sections 525 and 526 of the Act, 30 U.S.C. §§ 1275 and 1276, provide a parallel structure for review by the Secretary or in a district court, the court assumed jurisdiction and concluded that Shawnee had satisfied the traditional standards for the issuance…”

Marek v. Chesny, 473 U.S. 1 (1985). · cites it 2× “511 , 520, 30 U. S. C. §§ 1275 (e), 1293(c). 5. Uniform Relocation Assistance and Real Property Acquisition Policies Act, 84 Stat.”

In Re Surface Mining Reg. Litig., 456 F. Supp. 1301 (D.D.C. 1978). · cites it 6× “30 U.S.C. § 1275 (c). In order for relief to be granted, a hearing must be held, but one is not required if relief is denied.”

West Virginia Highlands Conservancy, Inc. Nat'l Wildlife Fed'n v. Gale A. Norton, Sec'y of the Interior, 343 F.3d 239 (4th Cir. 2003). · cites it 3× “WVHC then petitioned the Board under 30 U.S.C. § 1275 (e) for an award of attorney fees from OSM to cover the organization’s first appeal to the Board, which resulted in the remand to OSM.”

Virginia Surface Mining & Reclamation Ass'n v. Andrus, 483 F. Supp. 425 (W.D. Va. 1980). · cites it 5× “§ 525(a), 30 U.S.C. § 1275 (a). The Secretary then has thirty days in which to conduct a hearing and issue a written decision.”

Utah Int'l Inc. v. Dep't of the Interior, 643 F. Supp. 810 (D. Utah 1986). · cites it 4× “They first allege that they are entitled to an award under Section 525(e) of SMCRA, 30 U.S.C. § 1275 (e). They specifically seek attorney and expert witness fees, costs and expenses both for their participation in the administrative proceedings leading to the unsuitability…”

Big \B\" Mining Co. v. Dep't of Env't Resources", 597 A.2d 202 (Pa. Commw. Ct. 1991). · cites it 4× “30 U.S.C. § 1275 (e). In examining the circumstances surrounding its enactment, [4] the FedSMCRA embodies the congressional recognition of the need to establish "a nationwide program to protect society and the environment from the adverse effects of surface coal mining…”

B & M Coal Corp., Counter-Defendant-Appellant v. Off. of Surface Mining Reclamation & Enf't, Counter-Claimant-Appellee, 699 F.2d 381 (7th Cir. 1983). · cites it 3× “Section 525, 30 U.S.C. § 1275 ; 43 C.F.R. §§ 4.1160 et seq.”

M & J Coal Co. & Monongah Dev. Co. v. United States, 47 F.3d 1148 (Fed. Cir. 1995). “See, 30 U.S.C. § 1275 (a)(1) (1988). In June 1988, the Department of the Interior’s Office of Hearings and Appeals (OHA) upheld OSM’s action as a valid exercise of its authority pursuant to SMCRA on the ground that M & J’s mining activities had created an imminent danger to the…”

Black Mesa Water Coalition v. Sally Jewell, 776 F.3d 1055 (9th Cir. 2015). · cites it 4× “See 30 U.S.C. § 1275 (e). OSM moved to dismiss Black Mesa’s fee request, contending that Black Mesa was neither “eligible” for nor “entitled” to fees under the regulation governing agency fee awards under SMCRA.”

Blackhawk Mining Co., Inc. v. Cecil D. Andrus, Sec'y, Dep't of the Interior & United States of Am., 711 F.2d 753 (6th Cir. 1983). · cites it 2× “30 U.S.C. § 1275 (a)(1); 43 C.F.R. § 4.1162 .”

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