Title 30, Mineral Lands and MiningRelease 119-110

§1261 Revision of Permits

Title 30 › CHAPTER 25 — SURFACE MINING CONTROL AND RECLAMATION › SUBCHAPTER V — CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING › § 1261

Last updated Sep 22, 2026|Official source

Summary

A permit holder may apply to the agency that issued the permit to change the permit by filing a new reclamation plan. The agency can only approve the change if it finds the new plan will still meet the law and the State or Federal program and can get the land reclaimed. The agency must approve or deny the change within the time set by the State or Federal program. The agency must make rules saying which kinds of changes need the full permit process. Big changes must have public notice and a hearing. Expanding the permit area (except minor boundary tweaks) needs a new permit. No one may transfer, sell, or assign permit rights without the agency’s written approval. The agency must review active permits within the time it sets in its rules and may require reasonable changes while a permit is in effect. Any such change must be based on a written finding and follow the program’s notice and hearing rules.

Full Legal Text

Title 30, §1261

Mineral Lands and Mining, Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

30 U.S.C. § 1261

Title 30, Mineral Lands and Mining

Last Updated

Sep 22, 2026

Release point: 119-110