Editorial Note on Part 773
Editorial Note: At 82 FR 54938, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 773 made effective on Jan. 19, 2017, at 81 FR 93323-93325, Dec. 20, 2016.

§ 773.4 Requirements to obtain permits. ( a ) *All operations.* On and after 8 months from the effective date of a permanent regulatory program within a State, no person shall engage in or carry out any surface coal mining operations, unless such person has first obtained a permit issued by the regulatory authority except as provided for in paragraph (b) of this section. A permittee need not renew the permit if no surface coal mining operations will be conducted under the permit and solely reclamation activities remain to be done. Obligations established under a permit continue until completion of surface coal mining and reclamation operations, regardless of whether the authorization to conduct surface coal mining operations has expired or has been terminated, revoked, or suspended.
( b ) *Continuation of initial program operations.* ( 1 ) If a State program receives final disapproval under part 732 of this chapter, including judicial review of the disapproval, existing surface coal mining and reclamation operations may continue pursuant to the provisions of subchapter B of this chapter and section 502 of the Act until promulgation of a complete Federal program for the State. During this period, no new permits for surface coal mining and reclamation operations shall be issued by the State. Permits that lapse during this period may continue in full force and effect within the specified permit area until promulgation of a Federal program for the State.
( 2 ) Except for coal preparation plants separately authorized to operate under 30 CFR 785.21(e), a person conducting surface coal mining operations, under a permit issued or amended by the regulatory authority in accordance with the requirements of section 502 of the Act, may conduct such operations beyond the period prescribed in paragraph (a) of this section if— ( i ) Not later than 2 months following the effective date of a permanent regulatory program, regardless of litigation contesting that program, an application for a permanent regulatory program permit is filed for any operation to be conducted after the expiration of 8 months from such effective date in accordance with the provisions of the regulatory program;
( ii ) The regulatory authority has not yet rendered an initial administrative decision approving or disapproving the permit; and
( iii ) The surface coal mining and reclamation operation is conducted in compliance with the requirements of the Act, subchapter B of this chapter, applicable State statutes and regulations, and all terms and conditions of the initial program authorization or permit.
( 3 ) No new initial program permits may be issued after the effective date of a State program unless the application was received prior to such date.
( c ) *Continued operations under Federal program permits.* ( 1 ) A permit issued by the Director pursuant to a Federal program for a State shall be valid under any superseding State program approved by the Secretary.
( 2 ) The Federal permittee shall have the right to apply to the State regulatory authority for a State permit to supersede the Federal permit.
( 3 ) The State regulatory authority may review a permit issued pursuant to the superseded Federal program to determine that the requirements of the Act and the approved State program are not violated by the Federal permit, and to the extent that the approved State program contains additional requirements not contained in the Federal program for the State, the State regulatory authority shall— ( i ) Inform the permittee in writing;
( ii ) Provide the permittee an opportunity for a hearing;
( iii ) Provide the permittee a reasonable opportunity to resubmit the permit application in whole or in part, as appropriate; and
( iv ) Provide the permittee a reasonable time to conform ongoing surface coal mining and reclamation operations to the requirements of the State program.
( d ) *Continued operations under State program permits.* ( 1 ) A permit issued pursuant to a previously approved or conditionally approved State program shall be valid under a superseding Federal program.
( 2 ) Immediately following promulgation of a Federal program, the Director shall review the permits issued under the previously approved State program to determine that the requirements of the Act, this chapter, and the Federal program are not violated. If the Director determines that a permit was granted contrary to the requirements of this Act, the Director shall— ( i ) Inform the permittee in writing;
( ii ) Provide the permittee an opportunity for a hearing;
( iii ) Provide the permittee a reasonable opportunity to resubmit the permit application in whole or in part, as appropriate; and
( iv ) Provide the permittee a reasonable time to conform ongoing surface coal mining and reclamation operations to the requirements of the Federal program, as prescribed in the Federal program for the State.
[48 FR 44391, Sept. 28, 1983, as amended at 53 FR 11607, Apr. 7, 1988; 54 FR 13823, Apr. 5, 1989. Redesignated at 65 FR 79663, Dec. 19, 2000.]