Parts 740 - 746.18
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Subchapter D Parts 740 - 746.18 |
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SUBCHAPTER D -- FEDERAL LANDS PROGRAM
30 CFR PART 740 -- GENERAL REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION
OPERATIONS ON FEDERAL LANDS
Sec.
740.1 Scope and purpose
740.4 Responsibilities
740.5 Definitions
740.10 Information collection
740.11 Applicability
740.13 Permits
740.15 Bonds on Federal lands
740.17 Inspection, enforcement and civil penalties
740.19 Performance standards
AUTHORITY: 30 U.S.C. 1201 et seq. and 30 U.S.C. 181 et seq.
SOURCE: 48 FR 6935, Feb. 16, 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 700-890, 3/13/79 - 6/30/00".]
30 CFR Sec. 740.1 Scope and purpose.
This part provides for the regulation of surface coal mining and reclamation operations on Federal lands.
30 CFR Sec. 740.4 Responsibilities.
(a) The Secretary is responsible for:
(1) Approval, disapproval or conditional approval of mining plans with respect to lands containing leased Federal
coal and of modifications thereto, in accordance with the Mineral Leasing Act of 1920, as amended, 30 U.S.C. 181
et seq.;
(2) Execution, modification or termination of State-Federal cooperative agreements in accordance with part 745 of
this chapter;
(3) Designation of areas of Federal lands as unsuitable for all or certain types of surface coal mining and
reclamation operations, or termination of such designations, in accordance with part 769 of this chapter;
(4) Decisions on requests to determine whether a person possesses valid existing rights to conduct surface coal
mining operations on Federal lands within the areas specified in Sec. 761.11(a) and (b) of this chapter; and
(5) Issuance of findings concerning whether there are significant recreational, timber, economic, or other values
that may be incompatible with surface coal mining operations on Federal lands within a national forest, as specified
in Sec. 761.11(b) of this chapter.
(b) OSM is responsible for:
(1) Providing a decision document recommending to the Secretary approval, disapproval or conditional approval
of mining plans and of modifications thereto;
(2) Approval of experimental practices on Federal lands;
(3) Inspection, enforcement and civil penalties with respect to surface coal mining and reclamation operations on
Federal lands except as provided in paragraph ( c)(5) of this section;
(4) Processing citizen requests for Federal inspections on Federal lands in accordance with parts 842, 843 and 845
of this chapter; and
(5) Overseeing the State regulatory authority's administration and enforcement of the State program on Federal
lands pursuant to the terms of any cooperative agreement.
( c) The following responsibilities of OSM may be delegated to a State regulatory authority under a cooperative
agreement:
(1) Review and approval, conditional approval of disapproval or permit applications for surface coal mining and
reclamation operations on Federal lands, revisions or renewals thereof, and applications for the transfer, sale or
assignment of such permits;
(2) Consultation with and obtaining the consent, as necessary, of the Federal land management agency with
respect to post-mining land use and to any special requirements necessary to protect non-coal resources of the areas
affected by surface coal mining and reclamation operations;
(3) Consultation with and obtaining the consent, as necessary, of the Bureau of Land Management with respect to
requirements relating to the development, production and recovery of mineral resources on lands affected by surface
coal mining and reclamation operations involving leased Federal coal pursuant to 43 CFR Group 3400;
(4) Approval and release of performance bonds, liability insurance and, as applicable, Federal lessee protection
bonds required for surface coal mining and reclamation operations on Federal lands. Approval and release of Federal
lessee protection bonds requires the concurrence of the Federal land management agency;
(5) Responsibilities of the regulatory authority with respect to inspection, enforcement and civil penalty activities
for (i) exploration operations not subject to 43 CFR Group 3400, and (ii) surface coal mining and reclamation
operations on Federal lands;
(6) Review and approval of exploration operations not subject to the requirements of 43 CFR Group 3400; and
(7) Preparation of documentation to comply with the requirements of the National Environmental Policy Act (42
U.S.C. 4321 et seq.), except, OSM continues to be responsible for:
(i) Determining the scope, content and format and ensuring the objectivity of NEPA compliance documents;
(ii) Making the determination of whether or not the preparation of an environmental impact statement is required.
(iii) Notifying and soliciting views of other State and Federal agencies, as appropriate, on the environmental
effects of the proposed action;
(iv) Publishing and distributing draft and final NEPA compliance documents;
(v) Making policy responses to comments on draft NEPA compliance documents;
(vi) Independently evaluating NEPA compliance documents; and
(vii) Adopting NEPA compliance documents and determining Federal actions to be taken on alternatives
presented in such documents.
(d) The Bureau of Land Management is responsible for:
(1) Receiving and approving exploration plans pursuant to 43 CFR Group 3400;
(2) Inspection, enforcement and civil penalties with respect to the terms and conditions of coal exploration
licenses issued pursuant to 43 CFR Group 3400;
(3) Inspection, enforcement and civil penalties with respect to the terms and conditions of exploration operations
subject to 43 CFR Group 3400;
(4) Reviewing the resource recovery and protection plan and modifications thereto, as required by 43 CFR Group
3400 and recommending to the Secretary approval, disapproval or conditional approval of the resource recovery and
protection plan;
(5) Inspection, enforcement and civil penalties with respect to the recovery and protection of the coal resource as
required by 43 CFR Group 3400;
(6) Protecting mineral resources not included in the coal lease;
(7) Issuance of exploration licenses for Federal coal subject to the requirements of 43 CFR Group 3400;
(8) Issuance of leases and licenses to mine Federal coal subject to the requirements of 43 CFR Group 3400; and
(9) Issuance, readjustment, modification, termination, cancellation, and approval of transfers of Federal coal leases
pursuant to the Mineral Leasing Act and the Mineral Leasing Act for Acquired Lands of 1947, as amended, 30
U.S.C. 351 et seq.
(e) The Federal land management agency is responsible for:
(1) Determining post-mining land uses;
(2) Protection of non-mineral resources;
(3) Requiring such conditions as may be appropriate to regulate surface coal mining and reclamation operations
under other provisions of law applicable to such lands under its jurisdiction; and
(4) Where land containing leased Federal coal is under the surface jurisdiction of a Federal agency other than the
Department, concur in the terms of the mining plan approval.
[48 FR 6935, Feb. 16, 1983, as amended at 48 FR 44779, Sept. 30, 1983; 55 FR 9401, Mar. 13, 1990; 64 FR 70766,
70830, Dec. 17, 1999]
30 CFR Sec. 740.5 Definitions.
(a) As used in this subchapter, the term:
Authorized officer means any person authorized to take official action on behalf of a Federal agency that has
administrative jurisdiction over Federal lands.
Coal lease means a Federal coal lease or license issued by the Bureau of Land Management pursuant to the
Mineral Leasing Act and the Federal Acquired Lands Leasing Act of 1947 (30 U.S.C. 351 et seq.).
Cooperative agreement means a cooperative agreement entered into in accordance with section 523( c) of the Act
and part 745 of this chapter.
Federal land management agency means a Federal agency having administrative jurisdiction over the surface of
Federal lands that are subject to these regulations.
Federal lease bond means the bond or equivalent security required by 43 CFR part 3400 to assure compliance with
the terms and conditions of a Federal coal lease.
Federal lessee protection bond means a bond payable to the United States or the State, whichever is applicable, for
use and benefit of a permittee or lessee of the surface lands to secure payment of any damages to crops or tangible
improvements on Federal lands, pursuant to section 715 of the Act.
Lease terms, conditions and stipulations means all of the standard provisions of a Federal coal lease, including
provisions relating to lease duration, fees, rentals, royalties, lease bond, production and recordkeeping requirements,
and lessee rights of assignment, extension, renewal, termination and expiration, and site-specific requirements
included in Federal coal leases in addition to other terms and conditions which relate to protection of the
environment and of human, natural and mineral resources.
Leased Federal coal means coal leased by the United States pursuant to 43 CFR part 3400, except mineral
interests in coal on Indian lands.
Mineral Leasing Act or MLA means the Mineral Leasing Act of 1920, as amended, 30 U.S.C. 181, et seq.
Mining plan means the plan for mining leased Federal coal required by the Mineral Leasing Act.
Permit application package means a proposal to conduct surface coal mining and reclamation operations on
Federal lands, including an application for a permit, permit revision or permit renewal, all the information required
by the Act, this subchapter, the applicable State program, any applicable cooperative agreement and all other
applicable laws and regulations including, with respect to leased Federal coal, the Mineral Leasing Act and its
implementing regulations.
Regulatory authority means the State regulatory authority pursuant to a cooperative agreement approved under
part 745 of this chapter or, in the absence of a cooperative agreement, OSM.
TVA-owned lands means land owned by the United States and entrusted to or managed by the Tennessee Valley
Authority.
(b) The following terms shall have meanings as set forth in 43 CFR parts 3400: Exploration; exploration plan;
maximum economic recovery; method of operation; mine; and resource recovery and protection plan.
[48 FR 6935, Feb. 16, 1983, as amended at 48 FR 44779, Sept. 30, 1983]
30 CFR Sec. 740.10 Information collection.
(a) In accordance with 44 U.S.C. 3501 et seq., the Office of Management and Budget (OMB) has approved the
information collection requirements of this part. The OMB clearance number is 1029-0027. This information is
needed to implement section 523 of the Act, which governs surface coal mining operations on Federal lands. Persons
intending to conduct such operations must respond to obtain a benefit.
(b) OSM estimates that the public reporting burden for this part will average 26 hours per respondent, including
time spent reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other
aspect of these information collection requirements, including suggestions for reducing the burden, to the Office of
Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, 1951 Constitution Avenue,
NW, Washington, DC 20240; and the Office of Management and Budget, Office of Information and Regulatory
Affairs, Attention: Interior Desk Officer, 725 17th Street, N.W, Washington, DC 20503. Please refer to OMB
Control Number 1029-0027 in any correspondence.
[64 FR 70831, Dec. 17, 1999]
30 CFR Sec. 740.11 Applicability.
(a) Except as provided in paragraph (g) of this section, both this subchapter and the pertinent State or Federal
regulatory program in subchapter T of this chapter apply to:
(b) Where OSM is the regulatory authority, references in the State program to the State or an agency or official of
the State (with respect to functions of the State acting as regulatory authority) shall be construed as referring to
OSM.
( c) Where the Secretary and a State have entered into a cooperative agreement, the cooperative agreement shall
delineate the responsibilities of the Secretary and the State with respect to the administration of the regulatory
program and this subchapter.
(d) Nothing in this subchapter shall affect in any way the authority of the Secretary or any Federal land
management agency to include in any lease, license, permit, contract, or other instrument such conditions as may be
appropriate to regulate surface coal mining and reclamation operations under provisions of law other than the Act on
land under their jurisdiction.
(e) This subchapter shall not apply to surface coal mining and reclamation operations within a State prior to
approval or promulgation of a regulatory program for the State.
(f) Where coal exploration or surface coal mining and reclamation operations within a State are on Federal lands
and where no State or Federal program has been approved for the State, this subchapter shall apply in that State upon
the effective date of these regulations.
(g) The definition of valid existing rights in Sec. 761.5 of this chapter applies to any decision on a request for a
determination of valid existing rights to conduct surface coal mining operations on the lands specified in Sec.
761.11(a) and (b) of this chapter.
[48 FR 6935, Feb. 16, 1983; 48 FR 13985, Apr. 1, 1983, as amended at 48 FR 44779, Sept. 30, 1983; 55 FR 9402,
Mar. 13, 1990; 64 FR 70766, 70831, Dec. 17, 1999]
30 CFR Sec. 740.13 Permits.
(a) General requirements. (1) No person shall conduct surface coal mining operations on lands subject to this part
unless that person has first obtained a permit issued pursuant to the regulatory program and this part.
(2) Every person conducting surface coal mining and reclamation operations on lands subject to this part shall
comply with the terms and conditions of the permit and the lease or license, the Act, this subchapter, the regulatory
program and all other applicable State and Federal laws and regulations.
(3) Surface coal mining operations authorized under the initial regulatory program or 43 CFR parts 3400, as
applicable, may be conducted beyond the eight-month period prescribed in the applicable regulatory program if all
of the following conditions are present:
(i) A timely and administratively complete application for a permit to conduct those operations under this part has
been made to the regulatory authority in accordance with the provisions of this part and the applicable regulatory
program;
(ii) The regulatory authority has not yet rendered a final decision with respect to the permit application; and
(iii) Those operations are conducted in compliance with all terms and conditions of the initial regulatory program
approval or permit, the requirements of the Act. 30 CFR chapter VII, subchapter B or 43 CFR parts 3400, as
applicable, applicable State laws and regulations, and the requirements of the applicable lease or license.
(b) Permit application package. (1) Each application for a permit, or permit revision or renewal thereof to conduct
surface coal mining and reclamation operations on lands subject to this part shall be accompanied by a fee made
payable to the regulatory authority. The amount of the fee shall be determined in accordance with the permit fee
criteria of the applicable regulatory program.
(2) Unless specified otherwise by the regulatory authority, seven copies of the complete permit application
package shall be filed with the regulatory authority.
(3) Each permit application package shall include:
(i) The information required for a permit application or for an application for revision or renewal of a permit
under the applicable regulatory program;
(ii) The resource recovery and protection plan required by 43 CFR parts 3400 for operations on lands containing
leased Federal coal; and
(iii) Where OSM is the regulatory authority or where the proposed operations are on lands containing leased
Federal coal, the following supplemental information to ensure compliance with Federal laws and regulations other
than the Act:
(A) A description of the affected area of the proposed surface coal mining and reclamation operation with respect
to: (1) Increases in employment, population and revenues to public and private entities, and (2) the ability of public
and private entities to provide goods and services necessary to support surface coal mining and reclamation
operations.
(B) An evaluation of impacts to the scenic and aesthetic resources, including noise on the surrounding area, due to
the proposed surface coal mining and reclamation operation.
( C) A statement, including maps and ownership data as appropriate, of any cultural or historical sits listed on the
National Register of Historic Places within the affected area of the proposed surface coal mining and reclamation
operation.
(D) A statement of the classes of properties of potential significance within the disturbed area, and a plan for the
identification and treatment, in accordance with 36 CFR part 800, of properties significant and listed or eligible for
listing on the National Register of Historic Places within the disturbed area of the proposed surface coal mining and
reclamation operation.
(E) A description of the probable changes in air quality resulting from the mining operation and any necessary
measures to comply with prevention of significant deterioration limitations, State Implementation Plans, or other
Federal or State laws for air quality protection.
(F) A description of the location, acreage and condition of important habitats of selected indicator species located
within the affected area of the proposed surface coal mining and reclamation operation.
(G) A description of active and inactive nests and prey areas of any Bald or Golden eagles located within the
affected area of the proposed surface coal mining and reclamation operations.
(H) A description of all threatened and endangered species and their critical habitats located within the affected
area of the proposed surface coal mining and reclamation operations.
(4) Where the surface of the Federal lands is subject to a lease or permit issued by the Federal government to a
person other than the applicant, the permit application package shall contain information sufficient to demonstrate
compliance with the requirements of Sec. 740.15(c)(1). This requirement shall not apply to TVA-owned lands.
( c) Permit review and processing. Applications for permits, permit revisions or renewals thereof to conduct
surface coal mining and reclamation operations on lands subject to this part shall be reviewed and processed in
accordance with the requirements of the applicable regulatory program, subject to the following additional
requirements:
(1) Permit terms and conditions. Permits shall include, as applicable, terms and conditions required by the lease
issued pursuant to the Mineral Leasing Act and by other applicable Federal laws and regulations.
(2) Criteria for permit approval or denial. The regulatory authority shall not approve an application for a permit,
or permit revision or renewal thereof for surface coal mining and reclamation operations on lands subject to this part
unless the application is in accordance with the requirements of the applicable regulatory program and this part or a
cooperative agreement, as applicable.
(3) Public participation in permit review process. Where public hearings were held and determinations made under
section 2(a)(3) (A), (B) and ( C) of the Mineral Leasing Act (30 U.S.C. 201(a)(3) (A), (B) and ( C)), such hearings
may be made a part of the record of each public hearing on a permit application held pursuant to the requirements of
the applicable regulatory program and this part. Matters covered at such hearings and determinations made at such
hearings need not be readdressed.
(4) Permit review processing for operations on lands administered by a Federal land management agency. Upon
receipt of a permit application package or a proposed revision or renewal of an approved permit that involves surface
coal mining and reclamation operations on lands administered by an agency of the Federal Government, the
regulatory authority shall transmit a copy of the complete permit application package, or proposed revision or
renewal thereof, to the Federal land management agency, with a request for review and comment.
(5) Consultation with other Federal agencies. Prior to approving or disapproving a permit, permit revision or
renewal thereof, the regulatory authority shall consider the comments of the Federal land management agency and
include these comments in the record of permit decisions.
(6) Permit processing schedule. The regulatory authority shall process the permit application package within the
time schedule established by the applicable regulatory program, except that the schedule may be extended if
necessary to ensure compliance with Federal laws and regulations other than the Act.
(7) Determination of operator compliance with the Act. Where OSM is the regulatory authority, it shall afford the
applicant or operator an opportunity for an adjudicatory hearing as provided in 43 CFR part 4 prior to a final
determination on whether the applicant, or the operator specified in the application, controls or has controlled mining
operations with a demonstrated pattern of willful violations of the Act of such nature and duration and with such
resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act.
(8) Administrative review of decisions on permit applications. Where OSM is the regulatory authority, the final
decision on a permit application is subject to an appeal to the Department's Office of Hearings and Appeals as
provided in part 775 of this chapter. Where the State is the regulatory authority under a cooperative agreement, the
final decision on a permit application is subject to administrative review as provided under the approved State
program.
(9) Bonds and insurance required for issuance of permits. After the approval of an application for a new or revised
permit or for renewal of an existing permit, but prior to issuance of such permit, the applicant/permittee shall file
with the regulatory authority: (i) A performance bond which meets the requirements of the applicable regulatory
program; (ii) proof of liability insurance in accordance with the applicable regulatory program; and (iii) where
required, evidence of the execution of a Federal lessee protection bond. Bonds required to be filed with OSM shall
be in a form required by OSM and made payable to the United States.
(d) Review of permit revisions. (1) Where the State is the regulatory authority for surface coal mining and
reclamation operations on lands subject to this subchapter, it shall inform OSM of each request for a permit revision
with respect to operations on lands containing leased Federal coal.
(2) OSM shall review each permit revision in consultation with the Bureau of Land Management and the
appropriate Federal land management agency to determine whether the permit revision constitutes a mining plan
modification requiring the Secretary's approval under Sec. 746.18 of this chapter.
(3) The regulatory authority shall consult with the Federal land management agency to determine whether any
permit revision will adversely affect Federal resources other than coal and whether the revision is consistent with that
agency's land use plans for other Federal laws, regulations and executive orders for which it is responsible.
(e) Transfer, assignment or sale of rights. (1) The regulatory authority, before approving or disapproving an
application for transfer, assignment or sale of rights granted under a permit issued pursuant to this subchapter, shall
consult with the appropriate Federal land management agency and the Bureau of Land Management, as applicable.
(2) Approval of a transfer, assignment or sale of rights granted under a permit issued pursuant to this subchapter
shall not be construed to constitute a transfer or assignment of leasehold interests. Leasehold interests may be
transferred or assigned only in accordance with 43 CFR part 3453.
(f) Suspension or revocation of permits. (1) A permit to conduct surface coal mining and reclamation operations
on Federal lands may be suspended or revoked by the regulatory authority in accordance with part 843 of this
chapter and the applicable regulatory program.
(2) If a permit to conduct surface coal mining and reclamation operations on lands containing leased Federal coal
is suspended or revoked, the regulatory authority shall notify the Bureau of Land Management so that the Bureau of
Land Management can determine whether action should be taken to cancel the Federal lease. This section does not
release the Federal lessee from the diligent development or continued operation requirements of 43 CFR parts 3400.
[48 FR 6935, Feb. 16, 1983, as amended at 48 FR 44779, Sept. 30, 1983; 54 FR 13822, Apr. 5, 1989]
30 CFR Sec. 740.15 Bonds on Federal lands.
(a) Federal lease bonds. (1) Each holder of a Federal coal lease that is covered by a Federal lease bond required
under 43 CFR part 3474 may apply to the authorized officer for release of liability for that portion of the Federal
lease bond that covers reclamation requirements.
(2) The authorized officer may release the liability for that portion of the Federal lease bond that covers
reclamation requirements if:
(i) The lessee has secured a suitable performance bond covering the permit area under this part;
(ii) There are no pending actions or unresolved claims against existing bonds; and
(iii) The authorized officer has received concurrence from OSM and the Bureau of Land Management.
(b) Performance bonds. Where the State is the regulatory authority under a cooperative agreement, the
performance bonds required for operations on Federal lands shall be made payable to the United States and the State.
Where OSM is the regulatory authority, such bonds shall be payable only to the United States.
( c) Federal lessee protection bonds. (1) Where leased Federal coal is to be mined and the surface of the land is
subject to a lease or permit issued by the United States for purposes other than surface coal mining, the applicant for
a mining permit, if unable to obtain the written consent of the permittee or lessee of the surface to enter and
commence surface coal mining operations, shall submit to the regulatory authority with his application evidence of
execution of a bond or undertaking which meets the requirements of this section. The Federal lessee protection bond
is in addition to the performance bond required by a regulatory program. This section does not apply to permits or
licenses for the use of the surface that do not convey to the permittee or licensee the right of transfer, sale or consent
to other uses.
(2) The bond shall be payable to the United States and, as applicable, the State for the use and benefit of the
permittee or lessee of the surface lands involved.
(3) The bond shall secure payment to the surface estate for any damage which the surface coal mining and
reclamation operation causes to the crops or tangible improvements of the permittee or lessee of the surface lands.
(4) The amount of the bond shall be determined either by the applicant and the Federal lessee or permittee or as
determined in an action brought against the person conducting surface coal mining and reclamation operations or
upon the bond in a court of competent jurisdiction.
(d) Release of bonds. (1) A Federal lease bond may be released upon satisfactory compliance with all applicable
requirements of 43 CFR Group 3400 and after the release is concurred in by the Bureau of Land Management.
(2) A Federal lessee protection bond shall be released upon the written consent of the permittee or lessee.
(3) Where surface coal mining and reclamation operations are subject to an approved mining plan, a performance
bond shall be released by the State after the release is concurred in by OSM.
[48 FR 6935, Feb. 16, 1983; 48 FR 13985, Apr. 1, 1983, as amended at 48 FR 44779, Sept. 30, 1983; 55 FR 9402,
Mar. 13, 1990]
30 CFR Sec. 740.17 Inspection, enforcement and civil penalties.
(a) General requirements. (1) Where OSM is the regulatory authority, parts 840, 842, 843 and 845 of this chapter
shall govern its inspection, enforcement and civil penalty activities with respect to surface coal mining and
reclamation operations on Federal lands.
(2) Where the State is the regulatory authority under a cooperative agreement, the State program shall govern
inspection, enforcement and civil penalty activities by the regulatory authority with respect to surface coal mining
and reclamation operations on Federal lands, while the requirements of part 842, 843 and 845 of this chapter shall
govern OSM inspection, enforcement and civil penalty activities conducted in oversight of the State program.
(3) The requirements of this section shall not apply to coal exploration on Federal lands subject to the
requirements of 43 CFR parts 3400.
(b) Right of entry. (1) Persons engaging in coal exploration or surface coal mining and reclamation operations on
Federal lands shall provide access for any authorized officer of OSM, the regulatory authority, and, as applicable, the
Bureau of Land Management or the appropriate Federal land management agency to inspect the operations, without
advance notice or a search warrant and upon presentation of appropriate credentials, to determine whether the
operations are in compliance with all applicable laws, regulations, notices and orders, and terms and conditions of
the permit.
(2) Any authorized representative of the regulatory authority and, as applicable, the Bureau of Land Management
may, at reasonable times and without delay, have access to and copy any records and inspect any monitoring
equipment or method of operation required under the Act, this subchapter and the permit, lease, license or mining
plan in accordance with paragraph (a) of this section.
(3) No search warrant shall be required with respect to any activity under paragraph (a) or (b) of this section,
except entry into a building without consent of the person in control of the building.
( c) Inspections. Inspections shall, to the extent practical, be conducted jointly if more than one government
agency is involved. The regulatory authority shall coordinate inspections by Federal agencies and may request the
participation of representatives from other Federal agencies when necessary to ensure compliance with this
subchapter and other applicable Federal laws, regulations and orders.
[48 FR 6935, Feb. 16, 1983, as amended at 48 FR 44779, Sept. 30, 1983]
30 CFR Sec. 740.19 Performance standards.
(a) Operations and reclamation. (1) Surface coal mining and reclamation operations on lands subject to this part
shall be conducted in accordance with the performance standards of the applicable regulatory program.
(2) Surface coal mining and reclamation operations on lands containing leased Federal coal shall be conducted in
accordance with the requirements of the terms, conditions and stipulations of the lease issued under the Mineral
Leasing Act and its implementing regulations in 43 CFR parts 3400, as applicable, and the mining plan.
(b) Completion of operations and abandonment. (1) Upon completion of operations, bonds shall be released in
accordance with Sec. 740.15(d) of this chapter.
(2) Where there is a Federal lease bond:
(i) Not less than 30 days prior to permanent cessation or abandonment of surface coal mining and reclamation
operations, the person conducting those operations shall submit to OSM, in duplicate, a notice of intention to cease
or abandon those operations, with a statement of the number of acres affected by the operations, the extent and kind
of reclamation accomplished and the structures and other facilities that are to be removed from or remain on the
permit area.
(ii) Upon receipt of this notice, the Bureau of Land Management and the appropriate Federal land management
agency shall promptly make joint inspections to determine whether all operations have been completed in accordance
with the requirements of 43 CFR parts 3400, the lease or licenses and the mining plan. Where all of these
requirements have been complied with, the liability under the lease bond of the person conducting surface coal
mining and reclamation operations shall be terminated.
(3) Where OSM is the regulatory authority, public hearings held with respect to final abandonment and releases of
the performance bonds shall be in accordance with 5 U.S.C. 554 and 43 CFR part 4.
HISTORY:
[48 FR 6935, Feb. 16, 1983, as amended at 48 FR 44779, Sept. 30, 1983]
SUBCHAPTER D -- FEDERAL LANDS PROGRAM
30 CFR PART 745 -- STATE-FEDERAL COOPERATIVE AGREEMENTS
Sec.
745.1 Scope
745.10 Information collection
745.11 Application and agreement
745.12 Terms
745.13 Authority reserved by the Secretary
745.14 Amendments
745.15 Termination
745.16 Reinstatement
AUTHORITY: 30 U.S.C. 1201 et seq. and 30 U.S.C. 181 et seq.
SOURCE: 48 FR 6939, Feb. 16, 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 700-890, 3/13/79 - 6/30/00".]
30 CFR Sec. 745.1 Scope.
This part sets forth requirements for the development, approval and administration of cooperative agreements
under section 523( c) of the Act.
30 CFR Sec. 745.10 Information collection.
(a) In accordance with 44 U.S.C. 3501 et seq., the Office of Management and Budget (OMB) has approved the
information collection requirements of this part. The OMB clearance number is 1029-0092. This information is
needed to implement section 523( c) of the Act, which allows States to regulate surface coal mining operations on
Federal lands under certain conditions. States that desire to enter into cooperative agreements to do so must respond
to obtain a benefit.
(b) OSM estimates that the public reporting burden for this part will average 1,364 hours per respondent,
including time spent reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate
or any other aspect of these information collection requirements, including suggestions for reducing the burden, to
the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, 1951
Constitution Avenue, N.W., Washington, DC 20240; and the Office of Management and Budget, Office of
Information and Regulatory Affairs, Attention: Interior Desk Officer, 725 17th Street, N.W., Washington, DC
20503. Please refer to OMB Control Number 1029-0092 in any correspondence.
[64 FR 70831, Dec. 17, 1999]
30 CFR Sec. 745.11 Application and agreement.
(a) The Governor of any State may request that the Secretary enter into a cooperative agreement with the State,
provided the State has an approved State regulatory program or has submitted a regulatory program for approval
under part 731 of this chapter, and has or may have within the State surface coal mining and reclamation operations
on Federal lands.
(b) A request for a cooperative agreement shall be submitted in writing and, except to the extent previously
submitted in the State program, shall include the following information:
(1) Information sufficient for OSM to make findings in accordance with paragraph (f) of this section;
(2) A proposed agreement consistent with the requirements of this part; and
(3) A certification by the Attorney General or the chief legal officer of the State regulatory authority that no State
statutory, regulatory or legal constraint exists which would preclude the State regulatory authority from fully carrying
out the proposed cooperative agreement.
( c) OSM shall publish a notice of the request and the full text of the terms of the proposed cooperative agreement
as submitted or as subsequently modified by OSM and the State in the Federal Register as a proposed rule. A notice
of the request and a summary of the terms of the proposed agreement shall also be published in a newspaper(s) of
general circulation throughout the State. Both notices shall include:
(1) The location at which a copy of the request submitted by the State may be obtained; and
(2) A date, not less than 30 days after publication of the notices, before which members of the public may submit
written comments on the request and the person to whom comments should be addressed.
(d) A public hearing shall be held within the comment period in a suitable location in the State requesting the
cooperative agreement. This hearing may be combined with public hearings required under part 732 of this chapter
for the Secretary's consideration of approval of a State program submission, if appropriate. The date, time and place
of the public hearing(s) on the request will be published in the Federal Register not less than 15 days prior to the date
of the hearing.
(e) Before the expiration of the comment period, OSM shall consult with the Bureau of Land Management, Fish
and Wildlife Service, and Federal land management agencies, as appropriate, with respect to the proposed
cooperative agreement.
(f) OSM shall recommend to the Secretary that a cooperative agreement be entered into with a State, if OSM finds
that:
(1) The State has an approved State regulatory program;
(2) The State regulatory authority has sufficient budget, equipment and personnel to enforce fully its regulatory
program on lands subject to this part in the State; and
(3) The State has the legal authority to enter into the cooperative agreement.
(g) The Secretary shall publish in the Federal Register his or her decision with respect to a request by a State to
enter into a cooperative agreement and the reasons therefor and the full text of the cooperative agreement.
30 CFR Sec. 745.12 Terms.
Each cooperative agreement shall include:
(a) Terms obligating the State regulatory authority to inspect all surface coal mining and reclamation operations on
Federal lands in accordance with the State regulatory program and to enforce the State program on Federal lands;
(b) A description of the powers and authority reserved by the Secretary, including, but not limited to, those
specified under Sec. 745.13;
( c) Provisions for the administration and enforcement by OSM and the State of this subchapter so as to minimize
overlap and duplication;
(d) Provisions for regular reports by the State regulatory authority to OSM on the results of the State's
implementation and administration of the cooperative agreement.
(e) Terms requiring the State regulatory authority to maintain sufficient personnel and facilities to comply with the
terms of the cooperative agreement, and to notify OSM of any substantial change in State statutes, regulations,
funding, staff, or other changes which would affect the State's ability to carry out the terms of the cooperative
agreement;
(f) Terms for coordination among the State regulatory authority, the Federal land management agency, the Bureau
of Land Management and OSM;
(g) Terms obligating the State regulatory authority to--
(1) Make available to OSM information on any action taken regarding any permit application for surface coal
mining and reclamation operations on Federal lands; and
(2) Where lands containing leased Federal coal are involved, provide OSM, in the form specified by OSM in
consultation with the State, with written findings indicating that each permit application is in compliance with the
terms of the regulatory program and a technical analysis of each permit application to assist OSM in meeting its
responsibilities under other applicable Federal laws and regulations.
30 CFR Sec. 745.13 Authority reserved by the Secretary.
The Secretary shall not delegate to any State, nor shall any cooperative agreement under this part be construed to
delegate to any State, authority to --
(a) Designate Federal lands as unsuitable for surface coal mining under subchapter F of this chapter or terminate
such designations;
(b) Comply with the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq., and Federal
laws and regulations other than SMCRA;
( c) Develop land use management plans for Federal lands where the surface estate is federally-owned;
(d) Regulate non-coal mining activities on Federal lands;
(e) Determine when, where, and how to lease Federal coal and how much to lease;
(f) Develop terms for Federal coal leases, including any special terms relating to mining and reclamation
procedures;
(g) Evaluate Federal coal resources;
(h) Establish royalties, rents, and bonuses charged in connection with Federal coal leases;
(i) Approve mining plans or modifications thereto;
(j) Enforce Federal lease terms, including diligent development and maximum economic recovery requirements;
(k) Approve or determine post-mining land uses for Federal lands where the surface estate is federally-owned;
(l) Release Federal lease bonds;
(m) Evaluate the State's administration and enforcement of the approved State program and implementation of the
cooperative agreement on Federal lands;
(n) Comply with the inspection, enforcement and civil penalties requirements of parts 842 and 843 of this chapter
except as provided under Sec. 740.4( c)(5) of this chapter;
(o) Determine whether a person has valid existing rights to conduct surface coal mining operations on Federal
lands within the areas specified in Sec. 761.11(a) and (b) of this chapter; or
(p) Issue findings on whether there are significant recreational, timber, economic, or other values that may be
incompatible with surface coal mining operations on Federal lands within a national forest, as specified in Sec.
761.11(b) of this chapter.
[48 FR 6939, Feb. 16, 1983, as amended at 64 FR 70831, Dec. 17, 1999]
30 CFR Sec. 745.14 Amendments.
A cooperative agreement which has been approved pursuant to Sec. 745.11 may be amended by mutual agreement
of the Secretary and the Governor of a State. Amendments shall be adopted by Federal rulemaking, in accordance
with Sec. 745.11.
30 CFR Sec. 745.15 Termination.
(a) A cooperative agreement may be terminated by the State upon written notice to the Secretary, specifying the
date upon which the cooperative agreement shall be terminated. The date of termination shall not be less than 90
days from the date of the notice.
(b) A cooperative agreement may be terminated by the Secretary after giving notice to the State regulatory
authority and affording the State regulatory authority and the public an opportunity for a public hearing and comment
period, in accordance with the cooperative agreement, if the Secretary finds that:
(1) The State regulatory authority has substantially failed to comply with the requirements of this subchapter, the
State program, or the cooperative agreement, or
(2) The State regulatory authority has failed to comply with any undertaking by the State in the cooperative
agreement upon which approval of the State program, cooperative agreement, or grant by OSM for administration or
enforcement of the State program or cooperative agreement was based.
( c) A cooperative agreement shall terminate--
(1) When no longer authorized by Federal law or the applicable State laws and regulations; or
(2) Upon termination or withdrawal of the Secretary's approval of the applicable State program.
30 CFR Sec. 745.16 Reinstatement.
(a) A State may apply for reinstatement of the cooperative agreement by providing written evidence to OSM that
the State has remedied all defects for which the agreement was terminated and is fully capable of carrying out the
cooperative agreement. Any reinstatement shall be by Federal rulemaking in accordance with Sec. 745.11.
(b) OSM may recommend approval of the reinstatement to the Secretary if it finds that the State meets all the
requirements for the initial approval of a cooperative agreement under this subchapter.
( c) The Secretary may approve reinstatement of a cooperative agreement if the Secretary concurs in findings of
OSM which recommended that approval.
SUBCHAPTER D -- FEDERAL LANDS PROGRAM
30 CFR PART 746 -- REVIEW AND APPROVAL OF MINING PLANS
Sec.
746.1 Scope
746.10 Information collection
746.11 General requirements
746.13 Decision document and recommendation on mining plan
746.14 Approval, disapproval or conditional approval of mining plan
746.17 Term of approval
746.18 Mining plan modification
AUTHORITY: 30 U.S.C. 1201 et seq. and 30 U.S.C. 181 et seq.
SOURCE: 48 FR 6941, Feb. 16, 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 700-890, 3/13/79 - 6/30/00".]
30 CFR Sec. 746.1 Scope.
This part provides the process and requirements for the review and approval, disapproval or conditional approval
of mining plans on lands containing leased Federal coal.
30 CFR Sec. 746.10 Information collection.
The information collection requirements contained in this section have been approved by OSM of Management
and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0026. The information is being collected to
determine compliance with section 523 of the Act (30 U.S.C. 1273) and this part. The obligation to respond to the
information collection requirements of this part is mandatory.
30 CFR Sec. 746.11 General requirements.
(a) No person shall conduct surface coal mining and reclamation operations on lands containing leased Federal
coal until the Secretary has approved the mining plan.
(b) Surface coal mining and reclamation operations on lands containing leased Federal coal shall be conducted in
accordance with a permit issued in accordance with this subchapter, any lease terms and conditions, and the
approved mining plan.
30 CFR Sec. 746.13 Decision document and recommendation on mining plan.
OSM shall prepare and submit to the Secretary a decision document recommending approval, disapproval or
conditional approval of the mining plan to the Secretary. The recommendation shall be based, at a minimum, upon:
(a) The permit application package, including the resource recovery and protection plan;
(b) Information prepared in compliance with the National Environmental Policy Act of 1969, 42 U.S.C. 4321, et
seq.;
( c) Documentation assuring compliance with the applicable requirements of other Federal laws, regulations and
executive orders other than the Act;
(d) Comments and recommendations or concurrence of other Federal agencies, as applicable, and the public;
(e) The findings and recommendations of the Bureau of Land Management with respect to the resource recovery
and protection plan and other requirements of the lease and the Mineral Leasing Act;
(f) The findings and recommendations of the regulatory authority with respect to the permit application and the
State program; and
(g) The findings and recommendations of OSM with respect to the additional requirements of this subchapter.
30 CFR Sec. 746.14 Approval, disapproval or conditional approval, of mining plan.
The Secretary shall approve, disapprove or conditionally approve the mining plan in accordance with this part.
30 CFR Sec. 746.17 Term of approval.
(a) Each mining plan approval shall cover the operations for which a complete permit application package was
submitted, unless otherwise indicated in the approval.
(b) An approved mining plan shall remain in effect until modified, cancelled or withdrawn and shall be binding on
any person conducting mining under the approved mining plan.
30 CFR Sec. 746.18 Mining plan modification.
(a) Mining plan modifications shall be approved by the Secretary.
(b) The approval of mining plan modifications shall be in accordance with the procedures of this part for mining
plan approval.
( c) Surface coal mining and reclamation operations on lands containing leased Federal coal pursuant to a permit
revision issued by the regulatory authority shall not commence until--
(1) OSM determines that the permit revision does not constitute a mining plan modification under this section, or
(2) If the permit revision constitutes a mining plan modification under this section, such modification has been
approved by the Secretary.
(d) Permit revisions constitute mining plan modifications if they meet any of the following criteria:
(1) Any change in the mining plan which would affect the conditions of its approval pursuant to Federal law or
regulation other than the Act;
(2) Any change which would adversely affect the level of protection afforded any land, facility or place designated
unsuitable for mining;
(3) Any change in the location or amount of coal to be mined, except where such change is the result of:
(i) A minor change in the amount of coal actually available for mining from the amount estimated; or
(ii) An incidental boundary change;
(4) Any change which would extend coal mining and reclamation operations onto leased Federal coal lands for the
first time;
(5) Any change which requires the preparation of an environmental impact statement under the National
Environmental Policy Act or 1969, 42 U.S.C. 4321 et seq.;
(6) Any change in the mining operations and reclamation plan that would result in a change in the postmining land
use where the surface is federally-owned.