§ 1257. — Application requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1257]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER V--CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
MINING
Sec. 1257. Application requirements
(a) Fee
Each application for a surface coal mining and reclamation permit
pursuant to an approved State program or a Federal program under the
provisions of this chapter shall be accompanied by a fee as determined
by the regulatory authority. Such fee may be less than but shall not
exceed the actual or anticipated cost of reviewing, administering, and
enforcing such permit issued pursuant to a State or Federal program. The
regulatory authority may develop procedures so as to enable the cost of
the fee to be paid over the term of the permit.
(b) Submittal; contents
The permit application shall be submitted in a manner satisfactory
to the regulatory authority and shall contain, among other things--
(1) the names and addresses of (A) the permit applicant; (B)
every legal owner of record of the property (surface and mineral),
to be mined; (C) the holders of record of any leasehold interest in
the property; (D) any purchaser of record of the property under a
real estate contract; and (E) the operator if he is a person
different from the applicant; and (F) if any of these are business
entities other than a single proprietor, the names and addresses of
the principals, officers, and resident agent;
(2) the names and addresses of the owners of record of all
surface and subsurface areas adjacent to any part of the permit
area;
(3) a statement of any current or previous surface coal mining
permits in the United States held by the applicant and the permit
identification and each pending application;
(4) if the applicant is a partnership, corporation, association,
or other business entity, the following where applicable: the names
and addresses of every officer, partner, director, or person
performing a function similar to a director, of the applicant,
together with the name and address of any person owning, of record
10 per centum or more of any class of voting stock of the applicant
and a list of all names under which the applicant, partner, or
principal shareholder previously operated a surface mining operation
within the United States within the five-year period preceding the
date of submission of the application;
(5) a statement of whether the applicant, any subsidiary,
affiliate, or persons controlled by or under common control with the
applicant, has ever held a Federal or State mining permit which in
the five-year period prior to the date of submission of the
application has been suspended or revoked or has had a mining bond
or similar security deposited in lieu of bond forefeited \1\ and, if
so, a brief explanation of the facts involved;
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``forfeited''.
---------------------------------------------------------------------------
(6) a copy of the applicant's advertisement to be published in a
newspaper of general circulation in the locality of the proposed
site at least once a week for four successive weeks, and which
includes the ownership, a description of the exact location and
boundaries of the proposed site sufficient so that the proposed
operation is readily locatable by local residents, and the location
of where the application is available for public inspection;
(7) a description of the type and method of coal mining
operation that exists or is proposed, the engineering techniques
proposed or used, and the equipment used or proposed to be used;
(8) the anticipated or actual starting and termination dates of
each phase of the mining operation and number of acres of land to be
affected;
(9) the applicant shall file with the regulatory authority on an
accurate map or plan, to an appropriate scale, clearly showing the
land to be affected as of the date of the application, the area of
land within the permit area upon which the applicant has the legal
right to enter and commence surface mining operations and shall
provide to the regulatory authority a statement of those documents
upon which the applicant bases his legal right to enter and commence
surface mining operations on the area affected, and whether that
right is the subject of pending court litigation: Provided, That
nothing in this chapter shall be construed as vesting in the
regulatory authority the jurisdiction to adjudicate property title
disputes.\2\
---------------------------------------------------------------------------
\2\ So in original. The period probably should be a semicolon.
---------------------------------------------------------------------------
(10) the name of the watershed and location of the surface
stream or tributary into which surface and pit drainage will be
discharged;
(11) a determination of the probable hydrologic consequences of
the mining and reclamation operations, both on and off the mine
site, with respect to the hydrologic regime, quantity and quality of
water in surface and ground water systems including the dissolved
and suspended solids under seasonal flow conditions and the
collection of sufficient data for the mine site and surrounding
areas so that an assessment can be made by the regulatory authority
of the probable cumulative impacts of all anticipated mining in the
area upon the hydrology of the area and particularly upon water
availability: Provided, however, That this determination shall not
be required until such time as hydrologic information on the general
area prior to mining is made available from an appropriate Federal
or State agency: Provided further, That the permit shall not be
approved until such information is available and is incorporated
into the application;
(12) when requested by the regulatory authority, the
climatological factors that are peculiar to the locality of the land
to be affected, including the average seasonal precipitation, the
average direction and velocity of prevailing winds, and the seasonal
temperature ranges;
(13) accurate maps to an appropriate scale clearly showing (A)
the land to be affected as of the date of application and (B) all
types of information set forth on topographical maps of the United
States Geological Survey of a scale of 1:24,000 or 1:25,000 or
larger, including all manmade features and significant known
archeological sites existing on the date of application. Such a map
or plan shall among other things specified by the regulatory
authority show all boundaries of the land to be affected, the
boundary lines and names of present owners of record of all surface
areas abutting the permit area, and the location of all buildings
within one thousand feet of the permit area;
(14) cross-section maps or plans of the land to be affected
including the actual area to be mined, prepared by or under the
direction of and certified by a qualified registered professional
engineer, or professional geologist with assistance from experts in
related fields such as land surveying and landscape architecture,
showing pertinent elevation and location of test borings or core
samplings and depicting the following information: the nature and
depth of the various strata of overburden; the location of
subsurface water, if encountered, and its quality; the nature and
thickness of any coal or rider seam above the coal seam to be mined;
the nature of the stratum immediately beneath the coal seam to be
mined; all mineral crop lines and the strike and dip of the coal to
be mined, within the area of land to be affected; existing or
previous surface mining limits; the location and extent of known
workings of any underground mines, including mine openings to the
surface; the location of aquifers; the estimated elevation of the
water table; the location of spoil, waste, or refuse areas and top-
soil preservation areas; the location of all impoundments for waste
or erosion control; any settling or water treatment facility;
constructed or natural drainways and the location of any discharges
to any surface body of water on the area of land to be affected or
adjacent thereto; and profiles at appropriate cross sections of the
anticipated final surface configuration that will be achieved
pursuant to the operator's proposed reclamation plan;
(15) a statement of the result of test borings or core samplings
from the permit area, including logs of the drill holes; the
thickness of the coal seam found, an analysis of the chemical
properties of such coal; the sulfur content of any coal seam;
chemical analysis of potentially acid or toxic forming sections of
the overburden; and chemical analysis of the stratum lying
immediately underneath the coal to be mined except that the
provisions of this paragraph (15) may be waived by the regulatory
authority with respect to the specific application by a written
determination that such requirements are unnecessary;
(16) for those lands in the permit application which a
reconnaissance inspection suggests may be prime farm lands, a soil
survey shall be made or obtained according to standards established
by the Secretary of Agriculture in order to confirm the exact
location of such prime farm lands, if any; and
(17) information pertaining to coal seams, test borings, core
samplings, or soil samples as required by this section shall be made
available to any person with an interest which is or may be
adversely affected: Provided, That information which pertains only
to the analysis of the chemical and physical properties of the coal
(excepting information regarding such mineral or elemental content
which is potentially toxic in the environment) shall be kept
confidential and not made a matter of public record.
(c) Assistance to small coal operators
(1) If the regulatory authority finds that the probable total annual
production at all locations of a coal surface mining operator will not
exceed 300,000 tons, the cost of the following activities, which shall
be performed by a qualified public or private laboratory or such other
public or private qualified entity designated by the regulatory
authority, shall be assumed by the regulatory authority upon the written
request of the operator in connection with a permit application:
(A) The determination of probable hydrologic consequences
required by subsection (b)(11) of this section, including the
engineering analyses and designs necessary for the determination.
(B) The development of cross-section maps and plans required by
subsection (b)(14) of this section.
(C) The geologic drilling and statement of results of test
borings and core samplings required by subsection (b)(15) of this
section.
(D) The collection of archaeological information required by
subsection (b)(13) of this section and any other archaeological and
historical information required by the regulatory authority, and the
preparation of plans necessitated thereby.
(E) Pre-blast surveys required by section 1265(b)(15)(E) of this
title.
(F) The collection of site-specific resource information and
production of protection and enhancement plans for fish and wildlife
habitats and other environmental values required by the regulatory
authority under this chapter.
(2) The Secretary shall provide or assume the cost of training coal
operators that meet the qualifications stated in paragraph (1)
concerning the preparation of permit applications and compliance with
the regulatory program, and shall ensure that qualified coal operators
are aware of the assistance available under this subsection.
(d) Reclamation plan
Each applicant for a permit shall be required to submit to the
regulatory authority as part of the permit application a reclamation
plan which shall meet the requirements of this chapter.
(e) Public inspection
Each applicant for a surface coal mining and reclamation permit
shall file a copy of his application for public inspection with the
recorder at the courthouse of the county or an appropriate public office
approved by the regulatory authority where the mining is proposed to
occur, except for that information pertaining to the coal seam itself.
(f) Insurance certificate
Each applicant for a permit shall be required to submit to the
regulatory authority as part of the permit application a certificate
issued by an insurance company authorized to do business in the United
States certifying that the applicant has a public liability insurance
policy in force for the surface mining and reclamation operations for
which such permit is sought, or evidence that the applicant has
satisfied other State or Federal self-insurance requirements. Such
policy shall provide for personal injury and property damage protection
in an amount adequate to compensate any persons damaged as a result of
surface coal mining and reclamation operations including use of
explosives and entitled to compensation under the applicable provisions
of State law. Such policy shall be maintained in full force and effect
during the terms of the permit or any renewal, including the length of
all reclamation operations.
(g) Blasting plan
Each applicant for a surface coal mining and reclamation permit
shall submit to the regulatory authority as part of the permit
application a blasting plan which shall outline the procedures and
standards by which the operator will meet the provisions of section
1265(b)(15) of this title.
(h) Reimbursement of costs
A coal operator that has received assistance pursuant to subsection
(c)(1) or (2) of this section shall reimburse the regulatory authority
for the cost of the services rendered if the program administrator finds
that the operator's actual and attributed annual production of coal for
all locations exceeds 300,000 tons during the 12 months immediately
following the date on which the operator is issued the surface coal
mining and reclamation permit.
(Pub. L. 95-87, title V, Sec. 507, Aug. 3, 1977, 91 Stat. 474; Pub. L.
101-508, title VI, Sec. 6011, Nov. 5, 1990, 104 Stat. 1388-297; Pub. L.
102-486, title XXV, Sec. 2513, Oct. 24, 1992, 106 Stat. 3112.)
Amendments
1992--Subsec. (c). Pub. L. 102-486, Sec. 2513(a), amended subsec.
(c) generally. Prior to amendment, subsec. (c) read as follows: ``If the
regulatory authority finds that the probable total annual production at
all locations of any coal surface mining operator will not exceed
300,000 tons, the determination of probable hydrologic consequences
required by subsection (b)(11) of this section and the statement of the
result of test borings or core samplings required by subsection (b)(15)
of this section shall, upon the written request of the operator be
performed by a qualified public or private laboratory designated by the
regulatory authority and the cost of the preparation of such
determination and statement shall be assumed by the regulatory
authority.''
Subsec. (h). Pub. L. 102-486, Sec. 2513(b), added subsec. (h).
1990--Subsec. (c). Pub. L. 101-508 substituted ``300,000'' for
``100,000''.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-508, effective Oct. 1, 1991, see section
6014 of Pub. L. 101-508 set out as a note under section 1231 of this
title.
Preparation of Cross-Sections, Maps, and Plans of Land By or Under
Direction of Qualified Registered Professional Engineers, Geologists, or
Land Surveyors
Pub. L. 98-146, title I, Sec. 115, Nov. 4, 1983, 97 Stat. 938,
provided that: ``Notwithstanding section 507(b)(14) of the Surface
Mining Control and Reclamation Act of 1977 (Public Law 95-87) [subsec.
(b)(14) of this section], cross-sections, maps or plans of land to be
affected by an application for a surface mining and reclamation permit
shall be prepared by or under the direction of a qualified registered
professional engineer or geologist, or qualified registered professional
land surveyor in any State which authorizes land surveyors to prepare
and certify such maps or plans.''
Section Referred to in Other Sections
This section is referred to in sections 1231, 1232, 1258, 1260,
1265, 1269, 1300, 1302 of this title.
