§ 1275. — Review by Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1275]
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. 1275. Review by Secretary
(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
relief
Pending 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, Sec. 525, Aug. 3, 1977, 91 Stat. 511.)
Section Referred to in Other Sections
This section is referred to in sections 1268, 1276 of this title.
