§ 1261. — Revision of permits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1261]
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. 1261. Revision of permits
(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, Sec. 511, Aug. 3, 1977, 91 Stat. 483.)
Section Referred to in Other Sections
This section is referred to in title 26 section 468.
