Editorial Note on Part 774
Editorial Note: At 82 FR 54944, 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 774 made effective on Jan. 19, 2017, at 81 FR 93325-93326, Dec. 20, 2016.

§ 774.15 Permit renewals. ( a ) *General.* A valid permit, issued pursuant to an approved regulatory program, shall carry with it the right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit.
( b ) *Application requirements and procedures.* ( 1 ) An application for renewal of a permit shall be filed with the regulatory authority at least 120 days before expiration of the existing permit term.
( 2 ) An application for renewal of a permit shall be in the form required by the regulatory authority and shall include at a minimum— ( i ) The name and address of the permittee, the term of the renewal requested, and the permit number or other identifier;
( ii ) Evidence that a liability insurance policy or adequate self-insurance under § 800.60 of this chapter will be provided by the applicant for the proposed period of renewal;
( iii ) Evidence that the performance bond in effect for the operation will continue in full force and effect for any renewal requested, as well as any additional bond required by the regulatory authorities pursuant to subchapter J of this chapter;
( iv ) A copy of the proposed newspaper notice and proof of publication of same, as required by § 778.21 of this chapter; and
( v ) Additional revised or updated information required by the regulatory authority.
( 3 ) Applications for renewal shall be subject to the requirements of public notification and public participation contained in §§ 773.6 and 773.19(b) of this chapter.
( 4 ) If an application for renewal includes any proposed revisions to the permit, such revisions shall be identified and subject to the requirements of § 774.13.
( c ) *Approval process* — ( 1 ) *Criteria for approval.* The regulatory authority shall approve a complete and accurate application for permit renewal, unless it finds, in writing that— ( i ) The terms and conditions of the existing permit are not being satisfactorily met;
( ii ) The present surface coal mining and reclamation operations are not in compliance with the environmental protection standards of the Act and the regulatory program;
( iii ) The requested renewal substantially jeopardizes the operator's continuing ability to comply with the Act and the regulatory program on existing permit areas;
( iv ) The operator has not provided evidence of having liability insurance or self-insurance as required in § 800.60 of this chapter;
( v ) The operator has not provided evidence that any performance bond required to be in effect for the operation will continue in full force and effect for the proposed period of renewal, as well as any additional bond the regulatory authority might require pursuant to subchapter J of this chapter; or
( vi ) Additional revised or updated information required by the regulatory authority has not been provided by the applicant.
( 2 ) *Burden of proof.* In the determination of whether to approve or deny a renewal of a permit, the burden of proof shall be on the opponents of renewal.
( 3 ) *Alluvial valley floor variance.* If the surface coal mining and reclamation operation authorized by the original permit was not subject to the standards contained in sections 510(b)(5) (A) and (B) of the Act and § 785.19 of this chapter, because the permittee complied with the exceptions in the proviso to section 510(b)(5) of the Act, the portion of the application for renewal of the permit that addresses new land areas previously identified in the reclamation plan for the original permit shall not be subject to the standards contained in sections 510(b)(5) (A) and (B) of the Act and § 785.19 of this chapter.
( d ) *Renewal term.* Any permit renewal shall be for a term not to exceed the period of the original permit established under § 773.19.
( e ) *Notice of decision.* The regulatory authority shall send copies of its decision to the applicant, to each person who filed comments or objections on the renewal, to each party to any informal conference held on the permit renewal, and to OSM if OSM is not the regulatory authority.
( f ) *Administrative and judicial review.* Any person having an interest which is or may be adversely affected by the decision of the regulatory authority shall have the right to administrative and judicial review set forth in part 775 of this chapter.
[48 FR 44395, Sept. 28, 1983, as amended at 79668, Dec. 19, 2000; 81 FR 93326, Dec. 20, 2016; 82 FR 54944, Nov. 17, 2017]