Part 912, Idaho
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Subchapter T Part 912, Idaho |
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SUBCHAPTER T -- PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN
EACH STATE
PART 912 -- IDAHO
Sec.
912.700 Idaho Federal Program
912.701 General
912.702 Exemption for coal extraction incidental to the extraction of other minerals
912.707 Exemption for coal extraction incident to government-financed highway or other construction
912.761 Areas designated unsuitable for surface coal mining by Act of Congress
912.762 Criteria for designating areas as unsuitable for surface coal mining operations
912.764 Process for designating areas unsuitable for surface coal mining operations
912.772 Requirements for coal exploration
912.773 Requirements for permits and permit processing
912.774 Revision; renewal; and transfer, assignment, or sale of permit rights
912.775 Administrative and judicial review of decisions
912.777 General content requirements for permit applications
912.778 Permit applications Minimum requirements for legal, financial, compliance, and related
information
912.779 Surface mining permit applications Minimum requirements for information on environmental
resources
912.780 Surface mining permit applications Minimum requirements for reclamation and operation plan
912.783 Underground mining permit applications Minimum requirements for information on
environmental resources
912.784 Underground mining permit applications Minimum requirements for reclamation and operation
plan
912.785 Requirements for permits for special categories of mining
912.795 Small operator assistance program
912.800 General requirements for bonding of surface coal mining and reclamation operations under
regulatory programs
912.815 Performance standards Coal exploration
912.816 Performance standards Surface mining activities
912.817 Performance standards Underground mining activities
912.819 Special performance standards Auger mining
912.822 Special performance standards Operations in alluvial valley floors
912.823 Special performance standards Operations on prime farmland
912.824 Special performance standards Mountaintop removal
912.827 Special performance standards Coal preparation plants not located within the permit area of a
mine
912.828 Special performance standards In situ processing
912.842 Federal inspections
912.843 Federal enforcement
912.845 Civil penalties
912.846 Individual civil penalties
912.955 Certification of blasters.
AUTHORITY: Pub. L. 95-87, 30 U.S.C. 1201 et seq. ; and Pub. L 100-34.
SOURCE: 48 FR 16222, Apr. 14, 1983, unless otherwise noted.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 900-955, 3/13/79 - 6/30/00".]
30 CFR Sec. 912.700 Idaho Federal program.
(a) This part contains all rules that are applicable to surface coal mining operations in Idaho which have been
adopted under the Surface Mining Control and Reclamation Act of 1977.
(b) The rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The
full text of a rule is in the permanent program rule cited under the relevant section of the Idaho Federal program.
( c) The rules in this part apply to all surface coal mining operations in Idaho conducted on non-Federal and non-
Indian lands. The rules in Subchapter D of this chapter apply to operations on Federal lands in Idaho.
(d) The recordkeeping and reporting requirements of this part are the same as those of the permanent program
regulations which have been approved by the Office of Management and Budget under 44 U.S.C. 3507.
(e) The following provisions of Idaho laws provide, where applicable, for more stringent environmental control
and regulation of surface coal mining operations than do the provisions of the Act and the regulations in this chapter.
Therefore, pursuant to Section 505(b) of the Act, they shall not be construed to be inconsistent with the Act.
(1) Idaho Code Section 47-1503(20) pertaining to the definition of "operator."
(2) Idaho Code Section 47-1509( c) regarding reclamation of disturbed land of less than 2 acres.
(3) Idaho Code Section 47-1513( c) providing for assessment of anticipated costs of reclamation against an
operator.
(4) Idaho Code Sections 47-1513 (f) and (g) providing for assessment of civil penalties in addition to bond
forfeiture.
(5) Idaho Code Sections 47-1301 et seq. and Rules 1 through 20 promulgated thereunder pertaining to regulation
of dredge mining.
(6) Idaho Code Sections 18-4301 and 18-7019 providing for punishment for interference with water sources used
in mining operations.
(7) Idaho Code Section 42-1713 requiring a fee to be paid by each owner of a dam, reservoir or mine tailing
impoundment structure.
(8) Idaho Code Section 42-1718 (Supp.) providing for assessment against an operator for costs incurred in
correction deficiencies in dams and impoundment structures.
(f) The following Idaho statute and regulations interfere with the achievement of the purposes and goals of the
Act. Therefore, in accordance with section 504(g) of the Act, they are preempted and superseded with respect to
surface coal mining and reclamation, except as they apply to surface coal mining operations affecting two acres or
less, or which otherwise are not regulated by the Surface Mining Control and Reclamation Act:
The Idaho Surface Mining Act, Idaho Code Sections 47-1501 -- 47-1524, as amended, and all regulations issued
thereunder (with the exception of Sections 47-1503(20), 47-1509( c), 47-1513( c), and 47-1513 (f) and (g), and all
regulations issued thereunder).
[48 FR 16222, Apr. 14, 1983, as amended at 52 FR 13807, Apr. 24, 1987]
30 CFR Sec. 912.701 General.
Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to surface coal
mining and reclamation operations in Idaho.
30 CFR Sec. 912.702 Exemption for coal extraction incidental to the extraction of other minerals.
Part 702 of this chapter, Exemption for Coal Extraction Incidental to the Extraction of Other Minerals, shall apply
to any person who conducts coal extraction incidental to the extraction of other minerals for purposes of commercial
use or sale.
[54 FR 52123, Dec. 20, 1989]
30 CFR Sec. 912.707 Exemption for coal extraction incident to Government-financed highway or other
construction.
Part 707 of this chapter, Exemption for Coal Extraction Incident to Government-Financed Highway or Other
Construction, shall apply to surface coal mining and reclamation operations.
30 CFR Sec. 912.761 Areas designated unsuitable for surface coal mining by act of Congress.
Part 761 of this chapter, Areas Designated by Act of Congress, shall apply to surface coal mining and reclamation
operations.
30 CFR Sec. 912.762 Criteria for designating areas as unsuitable for surface coal mining operations.
Part 762 of this chapter, Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations, shall
apply to surface mining and reclamation operations.
30 CFR Sec. 912.764 Process for designating areas unsuitable for surface coal mining operations.
Part 764 of this chapter, State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations,
pertaining to petitioning, initial processing, hearing requirements, decisions, data base and inventory systems, public
information, and regulatory responsibilities shall apply to surface coal mining and reclamation operations.
30 CFR Sec. 912.772 Requirements for coal exploration.
(a) Part 772 of this chapter, Requirements for Coal Exploration, shall apply to any person who conducts or seeks
to conduct coal exploration operations.
(b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer
time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant
that the application is being reviewed, but more time is necessary to complete such review, setting forth the reasons
and the additional time that is needed.
[52 FR 13807, Apr. 24, 1987]
30 CFR Sec. 912.773 Requirements for permits and permit processing.
(a) Part 773 of this chapter, Requirements for Permits and Permit Processing, shall apply to any person who
applies for a permit for surface coal mining and reclamation operations.
(b) In addition to the requirements of part 773, the following permit application review procedures shall apply:
(1) Any person applying for a permit shall submit five copies of the application to the Office.
(2) The Office shall review an application for administrative completeness and acceptability for further review and
shall notify the applicant in writing of the findings. The Office may:
(i) Reject a flagrantly deficient application, notifying the applicant of the findings:
(ii) Request additional information required for completeness stating specifically what information must be
supplied and negotiate the date by which the information must be submitted; or
(iii) Judge the application administratively complete and acceptable for further review.
(3) Should the applicant not submit the information as required by Sec. 912.773(b)(2)(ii) by the specified date, the
office may reject the application. When the applicant submits the required information by the specified date, the
Office shall review it and advise the applicant concerning its acceptability.
(4) When the application is judged administratively complete, the applicant shall be advised by the Office to file
the public notice required by Sec. 773.6 of this chapter.
(5) A representative of the Office shall visit the proposed permit area to determine whether the operation and
reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of
the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil
storage areas, sediment control structures, roads, and other significant features contained in the application marked
by flags.
( c) In addition to the information required by subchapter G of this chapter, the Office may require an applicant to
submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the
Act.
(d) Where applicable, no person shall conduct surface coal exploration operations which result in the removal of
more than 250 tons in one location, or surface coal mining operations without permits issued and/or certificates
required by the State of Idaho, pursuant to Idaho Code sections 47-704, 47-1317, 47-1318, 47-1319, 47-1317
(Supp.), and 39-101 et seq. (Supp.).
[52 FR 13808, Apr. 24, 1987; 65 FR 79582, 79672, Dec. 19, 2000]
[EFFECTIVE DATE NOTE: 65 FR 79582, 79672, Dec. 19, 2000, amended paragraph (b)(4), effective Jan. 18,
2001.]
30 CFR Sec. 912.774 Revision; renewal; and transfer, assignment, or sale of permit rights.
(a) Part 774 of this chapter, Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights, shall apply to
any such actions involving surface coal mining and reclamation operations permits.
(b) Any revision to the approved permit will be subject to review and approval by OSMRE.
(1) Significant revisions shall be processed as if they were new applications in accordance with the public notice
and hearing provisions of Secs. 773.6, 773.19(b)(1) and (b)(2), and 778.21 and of part 775.
(2) OSMRE shall make every effort to approve or disapprove an application for permit revision within 60 days of
receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall
notify the applicant that the application is being reviewed, but more time is necessary to complete such review,
setting forth the reasons and the additional time that is needed.
( c) In addition to the requirement of part 774 of this chapter, any person having an interest which is or may be
adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any
Federal, State, or local government agency, may submit written comments on the application to the Office within
thirty days of either the publication of the newspaper advertisement required by Sec. 774.17(b)(2) of this chapter or
receipt of an administratively complete application, whichever is later.
[52 FR 13808, Apr. 24, 1987; 65 FR 79582, 79672, Dec. 19, 2000]
[EFFECTIVE DATE NOTE: 65 FR 79582, 79672, Dec. 19, 2000, amended paragraph (b)(1), effective Jan. 18,
2001.]
30 CFR Sec. 912.775 Administrative and judicial review of decisions.
Part 775 of this chapter, Administrative and Judicial Review of Decisions, shall apply to all decisions on permits.
[52 FR 13808, Apr. 24, 1987]
30 CFR Sec. 912.777 General content requirements for permit applications.
Part 777 of this chapter, General Content Requirements for Permit Applications, shall apply to any person who
applies for a permit to conduct surface coal mining and reclamation operations.
[52 FR 13808, Apr. 24, 1987]
30 CFR Sec. 912.778 Permit applications -- minimum requirements for legal, financial, compliance, and related
information.
Part 778 of this chapter, Permit Applications--Minimum Requirements for Legal, Financial, Compliance and
Related Information, shall apply to any person who applies for a permit to conduct surface coal mining and
reclamation operations.
[52 FR 13808, Apr. 24, 1987]
30 CFR Sec. 912.779 Surface mining permit applications -- minimum requirements for information on
environmental resources.
Part 779 of this chapter, Surface Mining Permit Applications--Minimum Requirements for Information on
Environmental Resources, shall apply to any person who makes application to conduct surface coal mining and
reclamation operations.
30 CFR Sec. 912.780 Surface mining permit applications -- minimum requirements for reclamation and
operation plan.
Part 780 of this chapter, Surface Mining Permit Applications--Minimum Requirements for Reclamation and
Operation Plan, shall apply to any person who makes application to conduct surface coal mining and reclamation
operations.
30 CFR Sec. 912.783 Underground mining permit applications -- minimum requirements for information on
environmental resources.
Part 783 of this chapter, Underground Mining Permit Applications--Minimum Requirements for Information on
Environmental Resources, shall apply to any person who submits an application to conduct underground coal mining
operations.
30 CFR Sec. 912.784 Underground mining permit applications -- minimum requirements for reclamation and
operation plan.
Part 784 of this chapter, Underground Mining Permit Applications--Minimum Requirements for Reclamation and
Operation Plan, shall apply to any person who makes application to conduct underground coal mining.
30 CFR Sec. 912.785 Requirements for permits for special categories of mining.
Part 785 of this chapter, Requirements for Permits for Special Categories of Mining, shall apply to each person
who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations
as specified therein.
30 CFR Sec. 912.795 Small operator assistance.
Part 795 of this chapter, Small Operator Assistance, shall apply to any person making application for assistance
under the small operator assistance program.
30 CFR Sec. 912.800 General requirements for bonding of surface coal mining and reclamation operations.
Part 800 of this chapter, General Requirements for Bonding of Surface Coal Mining and Reclamation Operations
Under Regulatory Programs, shall apply to all surface coal mining and reclamation operations.
30 CFR Sec. 912.815 Performance standards -- coal exploration.
Part 815 of this chapter, Permanent Program Performance Standards--Coal Exploration, shall apply to any person
conducting coal exploration operations.
30 CFR Sec. 912.816 Performance standards -- surface mining activities.
Part 816 of this chapter, Permanent Program Performance Standards--Surface Mining Activities, shall apply to any
person who conducts surface coal mining and reclamation operations.
30 CFR Sec. 912.817 Performance standards -- underground mining activities.
Part 817 of this chapter, Permanent Program Performance Standards--Underground Mining Activities, shall apply
to any person who conducts underground coal mining operations.
30 CFR Sec. 912.819 Special performance standards -- auger mining.
Part 819 of this chapter, Special Permanent Program Performance Standards--Auger Mining, shall apply to any
person who conducts surface coal mining operations which include auger mining.
30 CFR Sec. 912.822 Special performance standards -- operations in alluvial valley floors.
Part 822 of this chapter, Special Permanent Program Performance Standards--Operations in Alluvial Valley
Floors, shall apply to any person who conducts surface coal mining and reclamation operations on alluvial valley
floors.
30 CFR Sec. 912.823 Special performance standards -- operations on prime farmland.
Part 823 of this chapter, Special Permanent Program Performance Standards--Operations on Prime Farmland,
shall apply to any person who conducts surface coal mining and reclamation operations on prime farmlands.
30 CFR Sec. 912.824 Special performance standards -- mountaintop removal.
Part 824 of this chapter, Special Permanent Program Performance Standards--Mountaintop Removal, shall apply
to any person who conducts surface coal mining operations constituting mountaintop removal mining.
30 CFR Sec. 912.827 Special performance standards -- coal processing plants and support facilities not located
at or near the minesite or not within the permit area for a mine.
Part 827 of this chapter, Special Permanent Program Performance Standards--Coal Processing Plants and Support
Facilities Not Located at or Near the Minesite or Not Within the Permit Area for a Mine, shall apply to any person
who conducts surface coal mining and reclamation operations which includes the operation of coal processing plants
and support facilities not located at or near the minesite or not within the permit area for a mine.
30 CFR Sec. 912.828 Special performance standards -- in situ processing.
Part 828 of this chapter, Special Permanent Program Performance Standards--In Situ Processing, shall apply to
any person who conducts in situ processing activities.
30 CFR Sec. 912.842 Federal inspections.
(a) Part 842 of this chapter, Federal Inspections, shall apply to all exploration and surface coal mining and
reclamation operations.
(b) The Secretary will furnish a copy of each inspection report regarding inspections conducted pursuant to this
section to the Office of the Idaho Attornery General upon request.
30 CFR Sec. 912.843 Federal enforcement.
(a) Part 843 of this chapter, Federal Enforcement, shall apply when enforcement action is required for violations
on surface coal mining and reclamation operations.
(b) The Office will furnish a copy of each enforcement action and order to show cause issued pursuant to this
section to the Office of the Idaho Attorney General upon request.
30 CFR Sec. 912.845 Civil penalties.
Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations on surface coal
mining and reclamation operations.
30 CFR Sec. 912.846 Individual civil penalties.
Part 846 of this chapter, Individual Civil Penalties, shall apply to the assessment of individual civil penalties under
section 518(f) of the Act.
[53 FR 3676, Feb. 8, 1988]
30 CFR Sec. 912.955 Certification of blasters.
Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, shall apply to the
training, examination and certification of blasters for surface coal mining and reclamation operations.
[51 FR 19462, May 29, 1986]
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