Title 30, Mineral Lands and MiningRelease 119-110

§1275 Review by Secretary

Title 30 › CHAPTER 25 — SURFACE MINING CONTROL AND RECLAMATION › SUBCHAPTER V — CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL MINING › § 1275

Last updated Sep 22, 2026|Official source

Summary

Anyone affected by a notice or order about surface coal mining can ask the Secretary to review it within 30 days of getting the notice or of any change, cancellation, or end of the notice. The Secretary will investigate and can hold a public hearing if the requester or an affected person asks for one. Asking for review does not stop the notice or order from taking effect. People must get written notice of any hearing at least 5 days before it starts. The hearing will be on the record and follow federal administrative hearing rules. After the investigation, the Secretary will write findings and decide to cancel, keep, change, or end the notice or order. If the request is about an order to stop mining, the Secretary must decide within 30 days unless temporary relief was already granted. While the review is happening, the requester can ask for temporary relief. The Secretary must act quickly and, for stop-work orders, decide within 5 days. Temporary relief can be granted only if there was a local hearing, the requester is likely to win the review, and the relief won’t harm public health, safety, or the environment. For show-cause hearings about suspending or revoking a permit, the Secretary will hold a public hearing, then issue a written decision within 60 days. If the permit is revoked, mining must stop immediately and reclamation finished as ordered, or performance bonds may be forfeited. The Secretary or a court may order payment of reasonable costs and attorney fees and may assign those costs to either party.

Full Legal Text

Title 30, §1275

Mineral Lands and Mining, Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

30 U.S.C. § 1275

Title 30, Mineral Lands and Mining

Last Updated

Sep 22, 2026

Release point: 119-110