Title 30 — Mineral Lands and MiningRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

Permit holders may ask the agency in charge for changes to their permit while it is still valid by sending in a new reclamation plan. The agency must approve a change only if it finds the new plan will still allow the required cleanup and reclamation. The agency must decide within the time limits set by the State or Federal program. The agency must also make rules saying when a change is big enough to need the full application steps, and any change that greatly alters the reclamation plan must at least have notice and a hearing. Adding more land to a permit (other than small boundary fixes) requires a new permit. Selling, assigning, or transferring permit rights needs the agency’s written approval. The agency must review permits on a schedule in its rules and can require reasonable changes during the permit term, but those changes must be based on a written finding and follow the notice and hearing rules set by the State or Federal program.

Full Legal Text

Title 30, §1261

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)(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)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)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

Apr 5, 2026

Release point: 119-73not60