§ 1263. — Public notice and public hearings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1263]
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. 1263. Public notice and public hearings
(a) Submittal of advertisement to regulatory authority; notification of
local governmental bodies
At the time of submission of an application for a surface coal
mining and reclamation permit, or revision of an existing permit,
pursuant to the provisions of this chapter or an approved State program,
the applicant shall submit to the regulatory authority a copy of his
advertisement of the ownership, precise location, and boundaries of the
land to be affected. At the time of submission such advertisement shall
be placed by the applicant in a local newspaper of general circulation
in the locality of the proposed surface mine at least once a week for
four consecutive weeks. The regulatory authority shall notify various
local governmental bodies, planning agencies, and sewage and water
treatment authorities, of \1\ water companies in the locality in which
the proposed surface mining will take place, notifying them of the
operator's intention to surface mine a particularly described tract of
land and indicating the application's permit number and where a copy of
the proposed mining and reclamation plan may be inspected. These local
bodies, agencies, authorities, or companies may submit written comments
within a reasonable period established by the regulatory authority on
the mining applications with respect to the effect of the proposed
operation on the environment which are within their area of
responsibility. Such comments shall immediately be transmitted to the
applicant by the regulatory authority and shall be made available to the
public at the same locations as are the mining applications.
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\1\ So in original. Probably should be ``or''.
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(b) Objections to permit applications; informal conference; record
Any person having an interest which is or may be adversely affected
or the officer or head of any Federal, State, or local governmental
agency or authority shall have the right to file written objections to
the proposed initial or revised application for a permit for surface
coal mining and reclamation operation with the regulatory authority
within thirty days after the last publication of the above notice. Such
objections shall immediately be transmitted to the applicant by the
regulatory authority and shall be made available to the public. If
written objections are filed and an informal conference requested, the
regulatory authority shall then hold an informal conference in the
locality of the proposed mining, if requested within a reasonable time
of the receipt of such objections or request. The date, time and
location of such informal conference shall be advertised by the
regulatory authority in a newspaper of general circulation in the
locality at least two weeks prior to the scheduled conference date. The
regulatory authority may arrange with the applicant upon request by any
party to the administrative proceeding access to the proposed mining
area for the purpose of gathering information relevant to the
proceeding. An electronic or stenographic record shall be made of the
conference proceeding, unless waived by all parties. Such record shall
be maintained and shall be accessible to the parties until final release
of the applicant's performance bond. In the event all parties requesting
the informal conference stipulate agreement prior to the requested
informal conference and withdraw their request, such informal conference
need not be held.
(c) Prior Federal coal lease hearing as evidence
Where the lands included in an application for a permit are the
subject of a Federal coal lease in connection with which hearings were
held and determinations were made under section 201(a)(3)(A), (B) and
(C) of this title, such hearings shall be deemed as to the matters
covered to satisfy the requirements of this section and section 1264 of
this title and such determinations shall be deemed to be a part of the
record and conclusive for purposes of sections 1260, 1264 of this title
and this section.
(Pub. L. 95-87, title V, Sec. 513, Aug. 3, 1977, 91 Stat. 484.)
Section Referred to in Other Sections
This section is referred to in sections 1256, 1260, 1264, 1269 of
this title.
