§1261 Revision of permits

Summary

A permit holder can ask to change a permit while it is still active. To do that, they must send the agency a new application and a new reclamation plan. The agency will only approve the change if the new plan still meets the reclamation rules under the law and the State or Federal program. The agency must approve or deny the request within whatever time the State or Federal program sets. The agency will make rules about when a change is big enough to need the full set of application steps, including public notice and hearings. Big changes to the reclamation plan must at least have notice and a hearing. Expanding the permit area beyond small boundary fixes needs a new permit. No one may transfer, sell, or assign a permit without the agency’s written OK. The agency must also review permits on a schedule set by its own rules and can require reasonable changes while a permit runs. Any such changes must be based on a written finding and follow the program’s notice and hearing rules.