Title 30 — Mineral Lands and MiningRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

A permit holder or anyone whose interests are or might be harmed by a notice or order can ask the Secretary to review it. The request must be made within 30 days after the person gets the notice or after any change, cancellation, or end of it. The Secretary will investigate and may hold a public hearing if the applicant or an affected person asks. Asking for review does not stop the notice or order from taking effect. If there is a hearing, people must get written notice at least five days before. Hearings are official and are put on the record. After the investigation, the Secretary will write the facts and decide to cancel, keep, change, or end the notice or order. If the review is about an order to stop coal mining, the Secretary must decide within 30 days unless temporary relief is already granted. While the review is pending, the applicant can ask the Secretary for temporary relief and must explain why. The Secretary will act quickly and must decide requests about stopping mining within five days. Temporary relief can be given only if a local hearing was held, the applicant shows a strong chance of winning, and relief will not harm public health, safety, or cause imminent serious environmental damage. For permit-suspension or revocation hearings, the Secretary must give notice, hold a public hearing, and issue a written decision within 60 days. If the permit is revoked, mining must stop immediately and reclamation must be finished in the time set or performance bonds may be forfeited. The Secretary or a court may order payment of reasonable costs and attorney fees and assign who must pay.

Full Legal Text

Title 30, §1275

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)(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)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)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)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)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

Apr 5, 2026

Release point: 119-73not60