FEDERAL REGISTER: 54 FR 13814 (April 5, 1989)

DEPARTMENT OF THE INTERIOR

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM).

30 CFR Parts 701, 740, 750, 773, 774, 800 and 843

Surface Coal Mining and Reclamation Operations

ACTION: Final rule. 

SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSMRE) of the Department of the Interior 

(DOI) is amending its rules to provide for specific situations where a coal mine operator may not be required to renew a 

permit to conduct reclamation activities on a location where no coal extraction is taking place. This action is necessary to 

establish a consistent policy with respect to permit requirements for reclamation activities. The intended effect of this 

action is to remove requirements to renew a permit for which the permit term has expired when only reclamation 

activities must be performed. 

EFFECTIVE DATE: May 5, 1989. 

FOR FURTHER INFORMATION CONTACT: Dr. Fred Block, Branch of Federal and Indian Programs, OSMRE, 1951 

Constitution Avenue, NW., Washington, DC 20240; Telephone (202) 343-1864. 

SUPPLEMENTARY INFORMATION: 

I. Background. 

II. Discussion of Final Rule and Response to Comments. 

III. Procedural Matters. 

 

I. BACKGROUND 

 The Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act), establishes a regulatory framework 

under which persons may obtain the right to surface mine coal. However, the right to mine carries with it the obligation 

to restore the land after mining has ceased. The link between mining and reclamation is one of the basic underlying 

themes of the Act. In section 101, Congress finds that regulation of surface coal mining operations in accordance with 

the requirements of SMCRA is an appropriate and necessary measure to minimize the adverse effects of mining. SMCRA 

made it clear that mining must be followed by efforts to ameliorate the disturbances it causes. Section 102, which sets 

forth the basic purposes of the Act, again ties mining and reclamation together. Paragraph (c) provides that the Act will 

assure that mining will not take place where reclamation is not possible. Paragraph (e) indicates that the Act will assure 

that procedures to reclaim will be undertaken as contemporaneously as possible with mining operations. 

 Section 502 of SMCRA, which establishes the initial regulatory program, repeats the concept that surface coal mining 

operations can only take place when accompanied by reclamation. Paragraph (c) provides that all surface coal mining 

operations regulated by a State under the initial regulatory program conform to certain performance standards in section 

515 of the Act, including the requirement for restoring the land affected to a condition capable of supporting premining 

or higher or better uses. Similarly, section 506, which establishes the permitting requirements for the permanent 

regulatory program, provides that no one may engage in "surface coal mining operations" in a State without first 

obtaining a permit issued pursuant to an approved State program or a Federal program. The State program requirements 

of sections 503 and 515(a) of SMCRA provide that the State must have a law that regulates mining in accordance with 

the requirements of SMCRA, one of which is, as noted above, the requirement to restore the land to a condition capable 

of supporting premining or higher or better uses. Thus, it is evident that SMCRA requires reclamation to accompany 

mining and that the regulatory framework can only allow mining if the obligation to reclaim is also assumed. 

 In its previous public positions, OSMRE has required that the permit to conduct surface coal mining operations be 

renewed for the duration of all mining and reclamation activities (emphasis added). The September 28, 1983, preamble to 

OSMRE's final rule at 30 CFR 773.19(d) addressed rights of renewal under an approved permit application (48 FR 

44374). In discussing the relationship between the area covered by the permit and the area comprising the life-of-mine 

operation, a commenter expressed the belief that a permit cannot properly contain within its boundaries more area than 
can be mined and reclaimed during the permit term. Implicit in this statement is the belief that reclamation must be 

completed within the initial permit term of five years. OSMRE disagreed with the commenter, but affirmed the implied 

assumption that a permit is necessary for reclamation by stating, "A permit is required for reclamation activities until final 

bond release. Since bond release cannot occur until after the 5- or 10-year period for establishing revegetation, no permit 

could have only one 5-year term without renewal" (48 FR 44374). The 1983 preamble did not contain an explanation of 

the requirement nor did it provide any reference or citations where an explanation of the requirement could be found. 

 OSMRE has also argued before the Interior Board of Land Appeals that permanent program reclamation activities 

must be permitted. In a case concerning whether a permanent program permit is required for the reclamation of an 

operation that extracted coal only during the initial regulatory program (81 IBLA 209, June 5, 1984), OSMRE argued 

that "when surface coal mining occurs, it triggers the requirement of reclamation" and "reclamation activities which 

follow coal extraction which occurs during the permanent program must be permitted until they are completed and the 

bond release occurs." 

 However, at the same time that OSMRE argued that a permit was required for solely reclamation activity, OSMRE 

recognized specific circumstances where reclamation may be ordered in the absence of a permit. Both the initial program 

regulations and the permanent program regulations provide for the suspension or revocation of a permit without affecting 

the obligation to reclaim (30 CFR 722.16(d) and 843.13(c) respectively). During the revision of the permanent program 

regulations in 1982, OSMRE re-emphasized that the obligation to reclaim continues in cases where the permit has been 

suspended or revoked. In the preamble to the final Federal enforcement rules OSMRE stated, "[t]he permit issued under 

the Act is a permit to mine coal under specified conditions. Suspension of the right to mine does not suspend the 

obligation to reclaim under the Act." This statement in the 1982 preamble implicitly recognized that a distinction exists 

between the authority to conduct coal extraction activities, specified in section 701(28), and the obligation to reclaim. (47 

FR 35631, August 16, 1982) 

 OSMRE recognizes that it is inconsistent to require on the one hand that an operator renew a permit for only 

reclamation activities and, on the other, to require reclamation even in the absence of a permit. OSMRE also recognizes 

that, whether or not a permit is renewed by a permittee for purposes of extracting coal or otherwise disturbing land for 

the purposes of coal extraction, the reclamation obligations as described in the permit's reclamation plan remain 

incumbent upon the permittee until final bond release. OSMRE is promulgating this final rule to recognize that requiring 

permit renewal when only reclamation activities remain has been inconsistent with other instances where OSMRE 

required reclamation activities in the absence of a section 506 permit; and, to avoid needless consumption of resources 

for permit renewal where only reclamation activities remain. 

 A permit is sought and granted to authorize an activity of benefit to the permittee, i.e., the activities associated with 

the extraction of coal. The exercising of that authorization creates the obligation to reclaim any resulting disturbance. 

While the authorization (or permit) to extract coal may expire or be revoked or suspended, the obligation to reclaim in 

accordance with the approved plan cannot expire or be revoked or suspended but remains in full force until all 

reclamation work is completed. Therefore, there is no need to renew that which does not expire. 

 The proposed rule was published in the Federal Register on September 19, 1988 (53 FR 36404-8). A public hearing 

was scheduled for October 27, 1988, in Washington, DC. Since no one requested to testify at the hearing, it was not 

held. The period for public comment on the proposed rule closed on November 3, 1988. OSMRE received comments 

from five sources, the State regulatory authority for Ohio, two public interest groups, a coal company and a coal mining 

industry association. The public interest groups opposed the proposal. The other commenters generally supported it, 

although two suggested modifications. 

 

II. DISCUSSION OF FINAL RULE AND RESPONSE TO COMMENTS 

 The final rule adopted today establishes a consistent policy with respect to permit requirements when reclamation 

activities are conducted where no coal extraction or other activities described in the definition of "surface coal mining 

operations" at section 701(28) of SMCRA are taking place. Based on an analysis of the issues involved, the legislative 

history of SMCRA, the statutory language, applicable court decisions, and the administrative record of this rulemaking, 

including comments received, this final rule is a proper and reasonable interpretation of section 506 of SMCRA. 
 This final rule, while having an identical effect, clarifies the rule as proposed. As pointed out by some commenters, 

labeling a permit that had not been renewed when only reclamation remained, an "expired" permit, may cause 

uncertainties about the validity of the permit. In particular, some commenters questioned whether OSMRE could enforce 

conditions and reclamation requirements of an "expired" permit. Therefore, OSMRE is making clear in this final rule that 

the only thing which expires is the authorization to conduct surface coal mining operations, while the obligation to 

complete reclamation in accordance with the approved reclamation plan of the permit does not expire until completed 

and, therefore, need not be renewed. OSMRE in this final rule rightly recognizes that a permit need only be renewed for 

purposes of coal extraction or other activities specified in the definition of "surface coal mining operations" at section 

701(28) of SMCRA. Although a permittee may choose not to renew the permit for these activities, the permit and all 

reclamation obligations under the regulatory program remain in full force and effect for all reclamation requirements until 

final bond release. 

 OSMRE is amending its rules at 30 CFR 701.11, 740.13, 750.11, 773.11, 800.60 and 843.11 to implement a 

consistent policy with respect to permit requirements when reclamation activities would be conducted where no coal 

extraction or other surface coal mining operations specified in SMCRA section 701(28) would be taking place. 

 In accordance with OSMRE's determination that a permit is required to conduct "surface coal mining operations" and 

that reclamation is an obligation that must follow any surface coal mining operations, 30 CFR 701.11 (a), (b), (c) and (d); 

740.13(a) (1) and (3); 750.11 (a) and (c); 773.11(a) and 843.11(a)(2) are revised by replacing the term "surface coal 

mining and reclamation operations" with the term "surface coal mining operations." OSMRE is adding language to 30 

CFR 773.11(a) to clarify that a permit need not be renewed if solely reclamation obligations exist under the permit and 

that the obligations under a permit continue regardless of whether the permit has been renewed or the permit has been 

terminated, revoked or suspended. OSMRE is modifying 30 CFR 774.10 to reflect the reduced information collection 

requirements attendant to this final rule. Also, OSMRE is modifying 30 CFR 800.60(b) to clarify that liability insurance 

must be maintained through the completion of the surface coal mining and reclamation operation even though the permit 

which authorizes the coal extraction activities may not have been renewed. 

 

GENERAL COMMENTS 

 Three commenters expressed support for the proposal. Two commenters felt that the proposal would remove 

burdensome and unnecessary requirements to obtain a permit where only reclamation activities are being conducted. One 

said the proposal would not sacrifice protection of the environment. One said that the requirement to renew a permit 

after coal extraction is completed and only reclamation remains is wasteful of the manpower and resources of the 

regulatory authority and the permittee. Another commenter strongly supported the proposal because it would clarify that 

reclamation is required even in the absence of a permit. In the commenter's view, the reclamation obligation is derived 

from disturbances to the land surface resulting from mining. Another commenter shared this view because "[w]hile 

reclamation obligations attend the mining which occurs pursuant to a permit, the requirements to obtain and renew a 

permit attach only to the removal of coal." 

 One commenter stated that based on sections 509 and 511 of the Act, the regulatory authority's ability to enforce the 

provisions of the permit are in no way tied to the permit term; enforcement authority exists until the time at which the 

bond is fully released. Another commenter referred to sections 506, 507, and 508 of SMCRA to support the view that 

the determination of a reclamation plan's compliance with the Act is not affected by the expiration of the permit term. 

 Two commenters characterized the proposal as "unnecessary, ill-considered and illegal" in providing that the permit 

need not be renewed for completion of reclamation. The commenters said that the proposal would "illegally, irrationally 

and unnecessarily delete the term 'reclamation' from the phrase 'surface coal mining and reclamation operations.' " One 

commenter said that the proposal would violate SMCRA by dividing the link between mining and reclamation and 

conveying the notion that the latter does not necessarily follow the former. The commenter said the proposal would 

cause confusion and have deleterious and illegal side effects. The commenter also suggested that the proposal was "at 

least partially motivated by a hidden agenda" and said the motivations for the proposal should be fully discussed. The 

other commenter charged OSMRE with "sophistry unparalleled in recent rulemakings" and with "tinkering unnecessarily 

and dangerously with the rules" while being "oblivious to the legal constraints in which it must operate and the practical 

ramifications of its actions." 
 This rulemaking has discussed the factors leading to the proposal to adopt a consistent policy concerning permit 

requirements where only reclamation activities remain to be completed. The rulemaking is based on the principle that the 

right to mine coal conveyed by the approval of a permit application is firmly and unalterably joined to the obligation to 

reclaim the disturbed land. All of the commenters indicated agreement with this principle. The disagreement concerns 

whether the permit must be renewed for the reclamation obligation to be fulfilled, OSMRE's view is that the reclamation 

obligation persists regardless of whether the permit is renewed to authorize SMCRA section 701(28) activities. This final 

rule is intended to implement this view in all its facets and ramifications. 

 The Act's requirement to obtain a permit in section 506 specifies the permit requirement for surface coal mining 

operations, which is defined in section 701(28), not the additional reclamation activities specified in the definition of 

surface coal mining and reclamation operations defined in section 701(27). Section 506(a) provides that: "no person shall 

engage in or carry out on lands within a State any surface coal mining operations unless such person has first obtained a 

permit issued by such State pursuant to an approved State program or by the Secretary pursuant to a Federal program." 

(emphasis added) A permit under SMCRA authorizes the mining of coal and other attendant operations specified in 

section 701(28) and sets forth the planned and required reclamation. Section 506(d) specifies that any valid permit carries 

with it the right to successive renewal and that the permit holder may apply for renewal. 

 It does not require the permit holder to apply for renewal. To require renewal of the authorization to mine coal, solely 

to reclaim the land, make little sense. Indeed, the last 5 or 10 years of many surface coal mining and reclamation 

operations entail a period of inactivity while growth of vegetation is monitored. 

 A permittee who has finished mining coal, or other section 701(28) activities, and who has only reclamation 

obligations remaining to complete operations need not obtain a renewal of the 5-year permit term to conduct "surface 

coal mining operations," because section 506 does not require such an authorization. Whether a permit is renewed affects 

a person's authority to conduct surface coal mining operations, but has no bearing on the person's responsibility to 

complete reclamation which continues until satisfied. The 5-year limit on permit terms specified in section 506(b) is not 

intended to curtail reclamation activities required under the permit. In other words, the permit requirements, including the 

reclamation plan, continue in force after the authorization to conduct section 701(28) activities lapses. 

 One commenter said that SMCRA mandates that the permit for a mining operation be maintained in active status 

through the mining and reclamation activity and until final bond release for the permitted operation. The commenter cited 

a number of provisions of SMCRA that the commenter believed support this view. The commenter pointed out the 

following statement in paragraph (a) of section 507 of SMCRA, which describes permit application requirements: 

"[E]ach application for a surface coal mining and reclamation permit * * *." (Emphasis added by the commenter.) The 

commenter also noted that the bonding provisions of the Act in section 509 describe the permit as a surface coal mining 

and reclamation permit. In the commenter's opinion, by identifying the permit as one for surface coal mining and 

reclamation, Congress envisioned a "live" permit authorizing both active mining and subsequent reclamation. 

 OSMRE does not agree with the commenter's narrow assessment of the language of section 507(a) and 509 of the 

Act. OSMRE fully recognizes that the permit which authorizes the extraction of coal also specifies the nature of the 

reclamation obligation that goes with exercising that authorization. Therefore, the use of "surface coal mining and 

reclamation permit" in these provisions is simply intended to recognize and emphasize that the permit must contain 

information related to both the mining and reclamation phases of the operation. These sections do not directly pertain to 

the requirement to obtain a permit. In the section of SMCRA addressing the need to obtain a permit, section 506(a), the 

activity is described as "surface coal mining operations," in other words those activities defined in section 701(28), not 

the reclamation component contained in section 701(27). OSMRE interprets this usage to mean that the mining operation 

is required to be permitted, but the reclamation obligation described in the permit exists and must be fulfilled 

independently of the renewed authorization to conduct section 701(28) activities. OSMRE notes that the Act uses the 

term "surface coal mining operations" in section 515(a) when referring to a permit to conduct operations and requires 

that such operations comply with all applicable performance standards, which includes those for reclamation. This again 

supports the view that the permit is for section 701(28) activities and that reclamation is an obligation assumed by 

exercising that authorization. 

 The commenter also said the following provision of section 507(f) of the Act, which creates the obligation on the part 

of the permittee to obtain liability insurance for the operation, demonstrates that the permit term includes reclamation 
activities: "Such [insurance] policy shall be maintained in full force and effect during the term of the permit or any 

renewal, including the length of all reclamation operations." (Emphasis added by the commenter.) 

 OSMRE interprets the cited provision to require that liability insurance shall remain in effect throughout the duration 

of all mining and any reclamation operations irrespective of whether or not a permit is renewed, and has clarified this 

point in the final rule. However, OSMRE contends that if Congress meant the permit term renewals to include 

reclamation periods, the last clause of the cited provision would have been redundant and unnecessary. 

 Accordingly, OSMRE is also amending 30 CFR 800.60(b) of the permanent program regulations to state that the 

liability insurance policy shall be maintained in full force during the life of the permit or any renewal thereof and the 

liability period necessary to complete all reclamation operations (emphasis added). This change clarifies that the liability 

period extends through the completion of reclamation regardless of whether the permit was renewed for authorization to 

conduct section 701(28) activities. 

 The commenter also cites section 515(c)(6) of SMCRA, which requires a permit review not more than three years 

from issuance of the permit unless the applicant demonstrates that the proposed development is proceeding in accordance 

with the approved schedule and reclamation plan. In the commenter's view, this provision demonstrates the intent of 

Congress that the permit remain active and be reviewed throughout implementation of the reclamation plan. 

 As stated above, guidance on the requirement for a permit and any renewals is found in section 506(a) of SMCRA. 

The cited provision merely recognizes Congress' concern about closely monitoring certain 701(28) activities as they 

develop. However, development will be occurring only in connection with surface coal mining operations. Once 

development has ceased only reclamation work remains. Therefore, this section does not support the commenter's 

assertion. 

 The commenter also argued that the statement in section 511(a)(1) of SMCRA, that "[d]uring the term of the permit 

the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the 

regulatory authority," indicates that revisions to permits can only occur during the term of the permit. The commenter 

further argued that SMCRA contains no provision for revising the reclamation plan portion of an expired permit. 

 OSMRE believes that this final rule is consistent with section 511. Section 511(a)(1) is a permissive provision, that is, 

use of the term "may submit" indicates that revision is allowed during the life of the permit. Such language does not 

necessarily exclude revision at other times. Since obligations under the reclamation plan do not expire at the end of the 

permit term but remain in effect until completed, it is consistent with the intent of section 511 to allow for these 

revisions. Any revisions to the reclamation plan following expiration of the permit term must comply with the 

requirements of 30 CFR 774.11 and 774.13 or the State program counterparts thereof. 

 The commenter also said that the reporting, recordkeeping and monitoring requirements of section 517(b)(1), as well 

as many other obligations under Title V of the Act, apply to the "permittee," i.e., one holding a permit, not to one who 

once held a now-expired permit. 

 OSMRE agrees that section 517(b)(1) applies to surface coal mining and reclamation operations and that such 

obligations assumed by a permittee when he initiates mining remain in effect until completed. However, this is 

irrespective of whether or not the permittee renewed his authorization to extract coal. The rule language has been 

modified to make this point clear. 

 Finally, the commenter cited a portion of the legislative history of SMCRA that, in the commenter's opinion, 

supported the proposition that the permit must remain active through reclamation. Specifically, the commenter cited 

portions of House Report No. 95-218, 95th Congress, 1st Session (1977), that (1) described the permitting program as a 

permit system for surface mining and reclamation operations, (2) indicated the reclamation plan is a portion of the permit 

application, (3) identified the reclamation plan as the basis by which the regulatory authority determines the feasibility and 

adequacy of the proposed reclamation, (4) described a permit as a permit for surface mining and reclamation operations, 

and (5) indicated that liability insurance must be maintained during the term of the permit and all renewals until 

reclamation is complete. 
 OSMRE agrees that the permit describes the reclamation obligation that will be assumed by exercising the 

authorization granted under the permit. OSMRE does not agree that these statements all support the idea that the permit 

must be renewed until the completion of those reclamation activities. The commenter may have failed to grasp the 

concept that the reclamation obligation is assumed when the surface is disturbed and does not expire should the permit 

authorizing section 701(28) activities not be renewed. When SMCRA or the legislative history describe a permit or its 

components, they refer to both mining and reclamation because they are both described in the permit. However, when 

SMCRA specifies the need to obtain a permit, in section 506(a) and 515(a) for example, the term surface coal mining 

operations is used. 

 The reclamation plan does not expire because it is an obligation assumed by the "permittee" when the permit to mine 

is approved. The reclamation and other obligations remain in full force and effect until regulatory jurisdiction over the 

site of a completed surface coal mining and reclamation operations is terminated according to 30 CFR 700.11(d). See 53 

FR 44356-63, November 2, 1988. 

 One commenter suggested that alternative approaches, such as streamlining or expediting the permitting process in a 

manner tailored to the specific areas of concern, could be a better method to achieve the desired benefits. One said that 

SMCRA provided for an expedited renewal process so that the permit would remain active through completion of the 

reclamation plan. 

 OSMRE considered, but did not adopt, the approach of modifying permitting procedures because such an approach 

would not be consistent with its interpretation of SMCRA. Since section 506 of SMCRA requires a permit only for the 

mining portion of a mining and reclamation operation, to continue to require that a permit be renewed, regardless of how 

streamlined the process, only to explicitly authorize the completion of an already defined and existing reclamation 

obligation would be unnecessary and unjustified and would not achieve an increased degree of environmental protection. 

 Two commenters challenged OSMRE's conclusion that it is inconsistent to argue on one hand that reclamation 

activities must be permitted and on the other hand that reclamation may be required in the absence of a permit. One 

commenter argued that there is no inconsistency between SMCRA's permitting and enforcement provisions and that 

although ordering reclamation to abate a violation is not contingent on an area being permitted, it does not follow that 

areas once permitted may be allowed to be reclaimed under a lapsed permit. One said if the rule was to resolve a 

perceived inconsistency it should be clarified to a much greater degree. 

 OSMRE has a responsibility to provide clear and coherent guidelines for the effective implementation of SMCRA. A 

significant amount of confusion exists concerning whether a permit is required to perform reclamation activities. OSMRE 

is concerned above all that successful reclamation be performed and thus is modifying its regulations to reflect the 

paramount importance of fulfillment of the reclamation obligation. OSMRE believes that this final rule clarifies the 

objectives of the Act; that is, to recognize that a permit is required to authorize surface coal mining operations as defined 

in section 701(28) of SMCRA, but that the absence or expiration of such authorization does not affect the obligation to 

reclaim in accordance with the applicable program and a non-renewed permit. 

 One commenter was concerned about a possible adverse effect of the proposal on the Applicant/Violator System. The 

commenter suggested that in the absence of a permit, "the source of information for updating the necessary ownership 

and control information would be cut off." 

 The Applicant/Violator System contains information about certain violators, those who own or control such violators 

and those owned or controlled by such violators to be used by regulatory authorities in the process of approving or 

denying permit applications. The collection of updated information on permittees is addressed in the permit rules. The 

absence or non-renewal of a permit does not preclude the inclusion of violation information in the system. 

 The commenter asserted that all the implications of the proposal have not been addressed by OSMRE, and thus all 

possible side effects are not clear. Another commenter was concerned that a lack of discussion of the proposal's 

relationship to existing relevant provisions of the Act and the regulations creates confusion. This final rule preamble sets 

forth the policy being adopted, explains its statutory basis, and sets forth the responsibilities and obligations incumbent on 

operators to comply with the Act's provisions. All reclamation and permit obligations continue as before under the 

permanent program regulations. All enforcement policies continue as before. The only change is that a careful reading of 
section 506 reveals that a permit need not be renewed when all surface coal mining operations have been completed and 

solely reclamation obligations remain. 

 

SECTION 701.11 - APPLICABILITY 

 Section 701.11 describes the applicability of the permanent regulatory program. Final paragraphs (a), (b), and (c) are 

identical to the proposal and require that persons conducting surface coal mining operations on or after 8 months from 

approval of a State program or implementation of a Federal program shall have a permit issued pursuant to the applicable 

program. The final rule substitutes "surface coal mining operations" where "surface coal mining and reclamation 

operations" appeared previously. Final paragraph (d) has been changed to clarify the proposal. It applies the requirements 

of Subchapter K to "each surface coal mining and reclamation operation for which the surface coal mining operation is 

required to obtain a permit under the Act," rather than to "each surface coal mining and reclamation operation which is 

required to obtain a permit under the Act." 

 

SECTION 740.13 - PERMITS 

 Section 740.13(a) contains the general requirements for permits on Federal lands. Final paragraph (a)(1) is identical to 

the proposal and provides that no person shall conduct surface coal mining operations on lands subject to Part 740 unless 

that person has first obtained a permit issued pursuant to the regulatory program and Part 740. Final paragraph (a)(3) is 

identical to the proposal and provides that surface coal mining operations authorized under the initial regulatory program 

or 43 CFR Parts 3480-3487 may be conducted beyond the eight-month period prescribed in the applicable regulatory 

program under certain conditions. The previous language included the words "and reclamation". 

 

SECTION 750.11 - PERMITS 

 Section 750.11 contains permit requirements under the Federal program for Indian lands. Final paragraph (a) is 

identical to the proposal and provides that no person shall conduct surface coal mining operations on Indian lands after 

eight months following the effective date of Subchapter E (Indian Lands Program) unless that person has first obtained a 

permit pursuant to Part 750. Final paragraph (c) is identical to the proposal and provides that surface coal mining 

operations authorized prior to the effective date of Subchapter E may be conducted beyond the specified eight month 

period under certain conditions. The previous language included the words "and reclamation." 

 

SECTION 773.11 - REQUIREMENTS TO OBTAIN PERMITS 

 Final Section 773.11(a) in the first sentence states that "* * * no person shall engage in or carry out any surface coal 

mining operations, unless such person has first obtained a permit * * *." Previously Section 773.11(a) stated that "* * * 

no person shall engage in or carry out any surface coal mining and reclamation operations, unless such person has first 

obtained a permit * * *." This sentence is adopted as proposed. 

 The second sentence of proposed Section 773.11(a) stated that, "Obligations established under a permit continue until 

satisfied, regardless of whether the permit has expired or has been terminated, revoked or rescinded." In the final rule this

is the third sentence of the paragraph and it states that obligations established under a permit continue until completion of 

surface coal mining and reclamation operations pursuant to 30 CFR 700.11(d), regardless of whether the authorization to 

conduct surface coal mining operations has expired or has been terminated, revoked, or suspended. 

 In response to a commenter who indicated that section 521(a)(4) of the Act authorizes suspension or revocation of a 

permit, but not rescission, OSMRE deleted the word "rescinded" and substituted "suspended" in its place in the final rule. 

The same commenter suggested a change to the proposal to read, "Obligations established under a permit continue until 

bond release * * *." The commenter argued that bond release reflects the regulatory authority's decision that the 

permittee has satisfied the requirements under the Act. In response to the comment, OSMRE inserted the phrase 

"completion of surface coal mining and reclamation operations" in place of the word "satisfied" in the proposal. The final 

rule adopted today establishes a consistent policy with regard to the permit requirements for reclamation activities, and 

does not address the issue of when a permittee's liability for a reclaimed site terminates. And finally, the last part of the

sentence was revised to clarify that it is the authorization to conduct surface coal mining operations that may expire. 
 The third sentence of proposed Section 773.11(a) stated that any person conducting reclamation activities pursuant to 

the requirements of a permit, even if the permit is no longer extant, must comply with all applicable provisions as a 

permittee. This sentence is not adopted. OSMRE has recognized in this final rule that the reclamation obligations of the 

permit do not expire, even though the permit is not renewed, therefore, it is not necessary to reiterate that the person 

conducting reclamation must comply with all applicable provisions as a permittee. One new sentence has been added to 

make more explicit that 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. 

 

SECTION 774.10 - INFORMATION COLLECTION 

 Final Section 774.10 states that the collections of information contained in Sections 774.11, 774.13, 774.15 and 

774.17 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned 

clearance number 1029-0088. The information will be used to determine if the applicant meets the requirement for 

revision, renewal, transfer, sale, or assignment of permit rights. Response is mandatory in accordance with sections 102, 

511, 506, and 507 of the Act. This section is modified by the final rule adopted today to reflect the anticipated reduction 

in information collection burden imposed by Part 774 due to elimination of the requirement to renew a permit where only 

reclamation activities remain to be completed. This final provision was not included in the proposal, but was added to the 

final rule at the suggestion of the Office of Management and Budget. 

 

SECTION 800.60 - TERMS AND CONDITIONS FOR LIABILITY INSURANCE 

 Final Section 800.60(b) provides that a liability insurance policy shall be maintained in full force during the life of the 

permit or any renewal thereof and the liability period necessary to complete all required reclamation operations. The 

previous language stated that the policy was to be maintained during the life of the permit or any renewal, including the 

liability period for completing reclamation (emphasis added.) The word "including" is replaced by "and" in this final rule; 

no other change is made. OSMRE made this change, which was not included in the proposal, in response to a comment, 

to clarify and make explicit that the insurance policy must be maintained through the period necessary to complete 

reclamation even if the permit is not renewed. The final rule adopted today, recognizes that reclamation must be 

completed irrespective of whether or not the permit is renewed. OSMRE does not intend any substantive change to the 

liability insurance provisions. 

 

SECTION 843.11 - CESSATION ORDERS 

 Final Section 843.11(a)(2) is identical to the proposal and states that "surface coal mining operations conducted by 

any person without a valid surface coal mining permit constitute a * * * significant imminent environmental harm * * *." 

Previously, Section 843.11(a)(2) stated that "surface coal mining and reclamation operations conducted by any person 

without a valid surface coal mining permit constitute a * * * significant imminent environmental harm * * *." 

 No new substantive requirements are contained in this rulemaking action. Rather, the final rule clarifies and makes 

consistent OSMRE's interpretation of SMCRA requirements concerning a permit to conduct reclamation operations 

where no coal extraction is taking place, and removes the requirement to renew a permit solely to conduct reclamation 

activities. 

 

EFFECT OF FINAL RULE 

 In keeping with OSMRE's determination that the obligation to reclaim continues in the absence of a permit, the final 

rule makes it unnecessary for a person to renew a permit where only reclamation activity is required. A permit is required 

for surface coal mining operations, i.e., the extraction of coal, an activity of benefit to the permittee, but the reclamation 

obligations associated with that mining are assumed by the permittee irrespective of whether a permit was issued or the 

permit is renewed or expired. Thus, the permit, including any conditions, defines the nature of the reclamation obligation 

that will be assumed by the permittee should he conduct any mining activities under the permit. Those obligations are 

unaffected by suspension, revocation or expiration of the authorization for further coal extraction or other section 

701(28) activities under the permit. The person conducting reclamation activities alone, i.e., in the absence of coal 

extraction or other section 701(28) activities, is a "permittee," even though he no longer has the authority to conduct the 

701(28) activities under a permit. 
 One commenter was concerned that the proposal would allow excess spoil to be dumped on an unpermitted site under 

the pretext of reclaiming the site. The commenter interpreted the statement in the proposal that, "it would not be 

necessary for an operator to obtain a permit where only reclamation activity is required," as legalizing unregulated 

dumping in the name of reclamation. 

 This final rule does not affect the requirements contained in 30 CFR 780.35 to provide permit information and receive 

approval for proposed excess spoil disposal sites and designs of spoil disposal structures. Neither does this rulemaking 

affect the recently proposed changes to 30 CFR 816.74 governing the disposal of excess spoil on pre-existing benches 

(53 FR 43970, October 31, 1988). These sites used to dispose of excess spoil must be permitted. 

 The final rule also provides an economic benefit insofar as permittees and regulatory authorities will realize reductions 

in time and cost expenditures on permit renewals no longer necessary. Because this final rule will affect the number of 

permit renewal applications required to be submitted by permittees in accordance with section 506(d) of the Act and 30 

CFR Part 774, the information collection burden imposed by Part 774 will be reduced. To document the reduction, 

OSMRE has included in this final rule a modification to Section 774.10, which describes the information collection 

requirements of Part 774. 

 PERMIT RENEWAL -- In cases where coal extraction, processing and handling have been completed under a valid 

permit, the final rule provides that the permit need not be renewed simply for the completion of reclamation since there 

are no longer any SMCRA section 701(28) activities the permittee wishes to perform and the only remaining activities 

are those associated with reclamation obligations assumed with the prior mining activities. The permittee assumed the 

obligation to complete reclamation when mining occurred. The ongoing obligation to reclaim in accordance with the 

permit and any permit conditions exists whether or not the permit is renewed. Regardless of whether a permit is in 

existence or has been renewed, section 509(b) of SMCRA provides that liability under the performance bond posted to 

guarantee faithful performance of all requirements of SMCRA and the permit, shall extend for the duration of the surface 

coal mining and reclamation operation and for a period coincident with the operator's responsibility for the revegetation 

requirements of section 515 of SMCRA, a period that is independent of permit renewals. In addition, section 506(d) of 

the Act does not mandate permit renewal. It provides that permit holders may apply for renewal. 

 Reclamation must be achieved according to the approved reclamation plan, and that obligation is unaffected by the 

renewal or non-renewal under section 506, of the permit. The reclamation obligations under the applicable State or 

Federal program, the permit, and the performance bond remain in effect and are enforceable regardless of whether the 

5-year permit term has lapsed. In cases where mining or other section 701(28) activities have been completed under a 

valid permit and reclamation work remains to be completed or the period of extended liability has not expired, permit 

renewal is not a prerequisite for completion of the reclamation phase of the operation according to the approved permit. 

The permittee whose authorization to conduct surface coal mining operations has expired but who still has reclamation 

obligations to complete according to the permit must conduct those reclamation activities as the "permittee." Any 

revisions to the reclamation plan following expiration of the permit must comply with the requirements of 30 CFR 774.11 

and 774.13 or the State or Federal program counterparts thereof. 

 One commenter said that OSMRE's stated assurances in the proposed rule preamble that reclamation and performance 

bond liability would extend until successful completion of reclamation, and that any obligation for reclamation is 

unaffected by expiration of the permit, "* * * appear to be limited to situations where the operator received a permit and 

the reclamation work is confined to the area permitted to the particular operator performing the work." The commenter 

said the rule language changes however, "are not limited to these situations, nor does the preamble indicate that they are 

so limited * * *" OSMRE does not agree that the rule language changes are in any way limited with respect to 

reclamation and bonding requirements. A permittee is required to complete reclamation without the need to renew the 

permit when a permit term lapses. The permittee is not released from his responsibilities until reclamation has been 

successfully completed. 

 One commenter suggested that OSMRE clarify the proposal in three aspects: First, permits need not be renewed when 

only reclamation activities remain to be completed or the extended period of liability has not ended. Second, renewal of a 

permit within its term, even if reclamation is the only remaining activity, remains an option for the permittee. And, third, 

revision of the reclamation plan is not authorized following permit expiration. 
 OSMRE agrees with the first two statements, but disagrees with the third. The first statement expresses a concept that 

is basic to this rulemaking. Since section 506(a) of SMCRA requires a permit only for "surface coal mining operations," 

there is no need to renew a permit after mining has ceased simply to cover the completion of reclamation. The second 

statement correctly interprets section 506(d) of SMCRA, which requires submittal of an application for permit renewal 

prior to the expiration of the permit term. Permittees should be aware that not renewing a permit after mining has ceased, 

but before reclamation has been completed is an option, not a requirement. The third statement is an unnecessarily strict 

interpretation of section 511(a)(1) of the Act. As discussed earlier in this preamble in response to another comment, 

section 511(a)(1) allows submittal of a permit revision application during the term of the permit, but does not preclude 

such submittal at another time, e.g., after the term of the permit for section 701(28) activities. Since the reclamation 

obligation specified in the permit does not expire until reclamation is completed, revisions to that reclamation plan may 

be appropriate even if the authorization to extract coal was not renewed. 

 One commenter suggested an alternate way of addressing the issue of permit renewals. This commenter advocated 

making a distinction between "permit term" and "permit" to the effect that the "permit term" would expire, but the 

"permit" carrying the reclamation and other ongoing obligations would continue to be in effect until bond release. 

 OSMRE considered, and partially agrees with the concept of this suggestion. The commenter's suggested distinction 

between the permit term and the permit is, in effect, the same distinction (although with a different characterization) 

between the section 506 permit and renewal requirements, for section 701(28) activities and areas, and the non-renewed 

permit, for reclamation only activities. The distinction exists in the statutory language of sections 506 and 701, regardless

of how the distinctions are characterized. 

 SURFACE DISTURBANCE OFF THE PERMIT AREA -- Surface disturbances off the permit can occur either (1) 

from mining activities conducted within the permit or (2) from extension of mining operations beyond the permitted 

boundaries. In the first case, off-permit disturbances such as those caused by flyrock, landslides, subsidence, or 

sedimentation typically result from a violation of a performance standard and are usually confined to small areas. Under 

this final rule, it is not necessary to require a permit since only reclamation activities will be conducted to correct these 

disturbances, because the permittee is required to return the land to its previous condition through abatement measures 

described and ordered in an enforcement action issued by the regulatory authority. 

 In the second case, the permittee will be ordered to cease surface coal mining operations on the unauthorized areas 

and to take necessary measures to prevent any short term environmental damage. The regulatory authority may require 

either immediate full reclamation of the area or submission and diligent perusal of approval of a new permit or permit 

revision if the permittee desires to continue surface coal mining operations and the regulatory authority agrees that 

immediate full reclamation would interfere with the resumption of mining upon issuance of the permit. 

 This final rule does not affect the requirements contained in 30 CFR 780.35 to provide permit information and receive 

approval for proposed excess spoil disposal sites and designs of spoil disposal structures. Neither does this rulemaking 

affect the recently proposed changes to 30 CFR 816.74 governing the disposal of excess spoil or preexisting benches (53 

FR 43970, October 31, 1988). Those sites used to dispose of excess spoil must be permitted. 

 One commenter said that when an off-permit disturbance occurs, the regulatory authority's only appropriate response 

is "immediate issuance of appropriate enforcement action" requiring immediate action necessary to abate the adverse 

environmental effects of the disturbance. The commenter agreed that abatement measures need not be permitted 

depending on the circumstances involved. However, the commenter argued that when mining "or other more substantial 

land damage" occurs the requirement to permit the disturbed area should be one of the remedial measures. In the 

commenter's opinion, permitting should not be optional in these cases. The commenter believed that the structure of 

SMCRA's environmental standards presupposes disturbances will be permitted and bonded to "assure that the area is 

reclaimed, revegetated and restored to the standards of the Act." 

 OSMRE agrees that when an off-permit disturbance occurs, the regulatory authority should initiate enforcement 

action requiring immediate abatement of the disturbance. However, OSMRE does not agree that permitting the 

disturbance is a panacea or the only way to handle such a situation. In many cases, by requiring abatement to specified 

standards, such as those found in Subchapter K of this chapter or in the State program counterparts thereto with such 

details as necessary specified in the required abatement measures, rather than requiring the area be permitted, the ability 

to require and achieve reclamation is expedited. The reclamation burden on the permittee is not lessened by requiring 
reclamation without requiring the area to be permitted under section 506. Also, there may be circumstances under which 

the disturbed area cannot be permitted, such as areas protected under section 522(e) of SMCRA or where the operator is 

unable to obtain bond. This does not release the obligation to reclaim disturbances which have already occurred. 

 Further, the ability of the regulatory authority to require an approved reclamation plan through the permitting process 

for the disturbed area is not precluded by the adoption of this final rule. The regulatory authority may require an 

approved reclamation plan and additional bond if the facts and circumstances of a particular off-permit disturbance 

warrant one. Since 1979, OSMRE has publicly recognized that permitting of off-permit disturbances is not always 

warranted. In the preamble to its initial bonding regulations, OSMRE stated, "It is the intent of [OSMRE] that the initial

bond amount, the amount retained after partial releases * * * and amounts forfeited * * * be adequate to not only allow 

the regulatory authority to complete the backfilling, grading, topsoiling and revegetation program contained in the 

approved reclamation plan, but also to restore any property damaged outside the permit area * * *. In addition, the 

amount must be adequate to abate any pollution or hazards to life or property which exist within or outside the permit 

area * * *." (44 FR 15111, March 13, 1979) It is clear that the 1979 rules anticipated abatement of off-permit pollution 

and property damage (emphasis added). The final rule adopted today codifies this policy in a consistent manner. 

 The commenter also argued that the proposal would create a "free-bite mentality" and a strong incentive for "straying" 

off the permit area "since such areas could be mined without bonding and extended reclamation obligations." 

 OSMRE does not agree. The operation is still subject to the same enforcement actions and interruption of operations. 

The regulatory authority is also free to require additional bond to be posted for the additional cost of compliance with 

pertinent performance standards. The policy simply recognizes that permitting is not always necessary or appropriate. 

 The commenter also raised four specific concerns related to off-permit disturbances required to be reclaimed, but not 

permitted: First, when a permit is transferred, would the transferee assume liability for a nonpermitted, off-permit 

disturbance? Second, would the requirement to minimize additional contributions of suspended solids apply to such 

areas? Third, if such an area is prime farmland, how will success of revegetation and soil handling be mandated and 

monitored? And, fourth, would any violations occurring in such areas be counted for a pattern of violations finding under 

section 521(a)(4) of the Act? 

 Concerning permit transfers, all obligations associated with a permitted surface coal mining operation including 

required reclamation of any off-permit impacts, accrue to the transferee. Indeed, 30 CFR 774.17 (d) and (f) and State 

program counterparts to them allow the regulatory authority not to transfer a permit under the circumstances described 

in the first concern. In regard to the second and third concerns, which relate to performance standards, again the 

reclamation standards contained in Subchapter K of this chapter or the State program counterparts thereof apply to all 

surface coal mining and reclamation operations irrespective of whether or not they occur within a permit area. Finally, 

any enforcement actions related to an off-permit disturbance must be considered when determining whether a pattern of 

violations exists under 30 CFR 843.13. 

 Unauthorized (Illegal) Mining -- When mining is conducted without the required permit (wildcat mining), the 

wildcatter nevertheless incurs the obligation to reclaim. However, there are difficulties with requiring wildcatters to 

obtain a permit for reclamation only. They are often reluctant to cooperate, unable to obtain the financing necessary to 

conduct the required studies, or unable to obtain a performance bond or liability insurance. Also, environmental harm 

may result during the time (six to nine months) required to prepare and process a permit application. 

 Therefore, in lieu of always requiring a permit in cases of mining without a permit, it has been OSMRE's policy to 

order the immediate cessation of mining and direct the person to backfill, grade and revegetate in accordance with 

applicable regulations. This final rule continues that policy by requiring immediate reclamation pursuant to the applicable 

standards of Subchapter K, 30 CFR Chapter VII, or the State or Federal program counterpart, in the absence of an 

approved reclamation plan, in accordance with any enforcement action citing performance standard violations. The 

cessation order or a notice of violation written for each performance standard violation would specify the standards and 

remedial measures necessary to assure proper reclamation. These could include a requirement to prepare a reclamation 

plan or do monitoring or analysis, if appropriate, and posting a bond. 

 One commenter said that a requirement to permit all wildcat operations for reclamation may not be feasible, and that 

such permitting should be on a case-by-case basis, depending on the nature of the disturbance. Another commenter said 
that while immediate reclamation of the wildcat operation is actively pursued, the area should also be brought under 

permit. 

 This final rule does not restrict regulatory authorities from requiring that wildcat operators obtain an approved 

reclamation plan through the permitting process including posting a bond and obtaining liability insurance. However, 

reclamation as contemporaneously as practicable of any illegally mined areas must be required upon discovery of such 

areas. OSMRE does not anticipate that requiring an approved reclamation plan through the permitting process will be 

necessary to ensure compliance with applicable reclamation standards under the applicable regulatory program prior to 

ordering reclamation work to proceed in many, if not most, cases. 

 

APPLICABLE REGULATORY PROGRAMS 

 In accordance with the interpretation of the requirements for permits for surface coal mining operations provided in 

this rulemaking and the obligations associated with such permits, this final rule is primarily applicable to mining 

operations conducted pursuant to a Federal program for a State (30 CFR Part 736), the Federal lands program (30 CFR 

Part 740), and the Indian lands program (30 CFR Part 750). Under the rule adopted today, a State could amend its 

program not to require renewal of a permit on which coal extraction, processing, and handling have been completed but 

where reclamation work remains or the period of extended liability has not expired. In such circumstances, the State 

program would be considered no less effective than Federal requirements if the reclamation plan, permit conditions, and 

related permit provisions remain in effect until the operation has met all applicable performance standards and the 

appropriate operator liability period has expired. Any revisions to the reclamation plan following expiration of the permit 

term would have to comply with the requirements of the State program counterparts to 30 CFR 774.11 and 774.13. With 

respect to the other situations discussed in the preamble to the final rule, State performance will be evaluated in terms of 

the policy set forth herein unless the approved State program contains specific differing requirements. 

 

EFFECT IN FEDERAL PROGRAM STATES AND ON INDIAN LANDS 

 The final rule applies through cross-referencing in those States with Federal programs and on Indian lands. The States 

with Federal programs include California, Georgia, Idaho, Massachusetts, Michigan, North Carolina, Oregon, Rhode 

Island, South Dakota, Tennessee, and Washington. The Federal programs for these States appear at 30 CFR Parts 905, 

910, 912, 921, 922, 933, 937, 939, 941, 942, and 947, respectively. The rule will also apply through cross-referencing in 

30 CFR Part 750 to surface mining and reclamation operations on Indian lands. 

 

EFFECT OF THE RULE ON STATE PROGRAMS 

 Following promulgation of this rule, OSMRE will evaluate State programs to determine whether any changes in these 

programs will be necessary. If the Director determines that any State program provisions should be amended to be made 

no less effective than the revised Federal rules, the individual States will be notified in accordance with the provisions of 

30 CFR 732.17. 

 

III. PROCEDURAL MATTERS 

 

Federal Paperwork Reduction Act 

 The collection of information contained in this rule has been submitted to the Office of Management and Budget 

(OMB) for approval as required by 44 U.S.C. 3501 et seq. The collection of this information will not be required until it 

has been approved by OMB. Public reporting burden for this collection of information is estimated to average 11 hours 

per response, including the time for 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 other aspect of this collection of information, including suggestions for reducing the burden, to Information Collection 

Clearance Officer, OSMRE, Washington, DC 20240; and to OMB, Paperwork Reduction Project (1029-0088), 

Washington, DC 20503. 

 

Executive Order 12291 and Regulatory Flexibility Act 

 The DOI has determined that this document is not a major rule under the criteria of Executive Order 12291 (February 

17, 1981) and certifies that it will not have a significant economic effect on a substantial number of small entities under 

the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. The final rule does not distinguish between small and large entities. 
The economic effects of the proposed rule are estimated to be minor and no incremental economic effects are anticipated 

as a result of this rule. 

 

National Environmental Policy Act 

 The DOI has also determined that the final rule does not constitute a major Federal action significantly affecting the 

quality of the human environment within the meaning of section 102(2)(C) of the National Environmental Policy Act of 

1969, 42 U.S.C. 4332(2)(C). 

 

Authors 

 The authors of this rule are Dr. Fred Block and Patrick W. Boyd, Branch of Federal and Indian Programs, Office of 

Surface Mining Reclamation and Enforcement, 1951 Constitution Avenue, NW., Washington, DC 20240; Telephone: 

(202) 343-1864. 

 

LIST OF SUBJECTS 

 

30 CFR Part 701 

 Law enforcement, Surface mining, Underground mining. 

 

30 FR Part 740 

 Public lands-mineral resources, Reporting and recordkeeping requirements, Surety bonds, Surface mining, 

Underground mining. 

 

30 CFR Part 750 

 Indians-lands, Reporting and recordkeeping requirements, Surface mining. 

 

30 CFR Part 773 

 Reporting and recordkeeping requirements, Surface mining, Underground mining. 

 

30 CFR Part 774 

 Reporting and recordkeeping requirements, Surface mining, Underground mining. 

 

30 CFR Part 800 

 Insurance, Reporting and recordkeeping requirements, Surety bonds, Surface mining, Underground mining. 

 

30 CFR Part 843 

 Administrative practice and procedure, Law enforcement, Reporting and recordkeeping requirements, Surface mining, 

Underground mining. 

 Accordingly, Title 30, Chapter VII, Parts 701, 740, 750, 773, 774, 800 and 843 are amended as set forth below. 

Dated: January 19, 1989. 

James E. Cason, Deputy Assistant Secretary -- Land and Minerals Management. 

PART 701 -- PERMANENT REGULATORY PROGRAM 

 1. The authority citation for Part 701 continues to read as follows: 

 Authority: 30 U.S.C. 1201 et seq., as amended, and Pub. L. 100-34. 
 2. Section 701.11 is amended by revising the first sentence of paragraphs (a) and (b), paragraph (c) introductory text 

and paragraph (d) to read as follows: 

SECTION 701.11 - APPLICABILITY. 

(a) Any person who conducts surface coal mining operations on non-Indian or non-Federal lands on or after 8 months 

from the date of approval of a State program or implementation of a Federal program shall have a permit issued pursuant 

to the applicable State or Federal program. * * * 

(b) Any person who conducts surface coal mining operations on Federal lands on or after 8 months from the date of 

approval of a State program or implementation of a Federal program for the State in which the Federal lands are located 

shall have a permit issued pursuant to Part 740 of this chapter. * * * 

(c) Any person who conducts surface coal mining operations on Indian lands on or after eight months from the effective 

date of the Federal program for Indian lands shall have a permit issued pursuant to Part 750 of this chapter. However, a 

person who is authorized to conduct surface coal mining operations may continue to conduct those operations beyond 

eight months from the effective date of the Federal program for Indian lands if the following conditions are met: * * * 

(d) The requirements of Subchapter K of this chapter shall be effective and shall apply to each surface coal mining and 

reclamation operation for which the surface coal mining operation is required to obtain a permit under the Act, on the 

earliest date upon which the Act and this chapter require a permit to be obtained, except as provided in paragraph (e) of 

this section. 

 

* * * * * 

PART 740 -- GENERAL REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION 

OPERATIONS ON FEDERAL LANDS 

 3. The authority citation for Part 740 is revised to read as follows: 

 Authority: 30 U.S.C. 1201 et seq., as amended; 30 U.S.C. 181 et seq.; and Pub. L. 100-34. 

 4. Section 740.13 is amended by revising paragraph (a)(1) and paragraph (a)(3) introductory text to read as follows: 

SECTION 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. 

 

* * * * * 

(3) Surface coal mining operations authorized under the initial regulatory program or 43 CFR Parts 3480-3487, 

as applicable, may be conducted beyond the eight-month period prescribed in the applicable regulatory program if all of 

the following conditions are present: 

 

* * * * * 
PART 750 -- REQUIREMENTS FOR SURFACE COAL MINING AND RECLAMATION OPERATIONS ON 

INDIAN LANDS 

 5. The authority citation for Part 750 continues to read as follows: 

 Authority: 30 U.S.C. 1201 et seq., as amended; 5 U.S.C. 301; and Pub. L. 100-34. 

 6. Section 750.11 is amended by revising paragraph (a) and paragraph (c) introductory text to read as follows: 

SECTION 750.11 - PERMITS. 

(a) No person shall conduct surface coal mining operations on Indian lands after eight months following the effective date 

of this Subchapter unless that person has first obtained a permit pursuant to this Part. 

 

* * * * * 

(c) Surface coal mining operations authorized prior to the effective date of this subchapter may be conducted beyond the 

eight-month period specified in paragraph (a) of this section if the following conditions are present: 

 

* * * * * 

PART 773 -- REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING 

 7. The authority citation for Part 773 is revised to read as follows: 

 Authority: 30 U.S.C. 1201 et seq., as amended; 16 U.S.C. 470 et seq.; 16 U.S.C. 1531 et seq.; 16 U.S.C. 661 et seq.; 

16 U.S.C. 703 et seq.; 16 U.S.C. 668a; 16 U.S.C. 469 et seq.; 16 U.S.C. 470aa et seq.; and Pub. L. 100-34. 

 8. Section 773.11 is amended by revising paragraph (a) to read as follows: 

SECTION 773.11 - 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. 

 

* * * * * 

PART 774 -- REVISION; RENEWAL; AND TRANSFER, ASSIGNMENT, OR SALE OF PERMIT RIGHTS 

 9. The authority citation for Part 774 is revised to read as follows: 

 Authority: 30 U.S.C. 1201 et seq., as amended; and Pub. L. 100-34. 
 10. Section 774.10 is revised to read as follows: 

SECTION 774.10 - INFORMATION COLLECTION. 

 The collections of information contained in Sections 774.11, 774.13, 774.15 and 774.17 have been approved by the 

Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1029-0088. The 

information will be used to determine if the applicant meets the requirement for revision, renewal, transfer, sale, or 

assignment of permit rights. Response is mandatory in accordance with sections 102, 511, 506, and 507 of the Act. 

PART 800 -- BOND AND INSURANCE REQUIREMENTS FOR SURFACE COAL MINING AND

RECLAMATION OPERATIONS UNDER REGULATORY PROGRAMS 

 11. The authority citation for Part 800 is revised to read as follows: 

 Authority: 30 U.S.C. 1201 et seq., as amended; and Pub. L. 100-34. 

 12. Section 800.60 is amended by revising paragraph (b) to read as follows: 

SECTION 800.60 - TERMS AND CONDITIONS FOR LIABILITY INSURANCE. 

 

* * * * * 

(b) The policy shall be maintained in full force during the life of the permit or any renewal thereof and the liability period 

necessary to complete all reclamation operations under this Chapter. 

 

* * * * * 

PART 843 -- FEDERAL ENFORCEMENT 

 13. The authority citation for Part 843 is revised to read as follows: 

 Authority: 30 U.S.C. 1201 et seq., as amended; and Pub. L. 100-34. 

 14. Section 843.11 is amended by revising paragraph (a)(2) introductory text to read as follows: 

SECTION 843.11 - CESSATION ORDERS. 

(a) * * * 

(2) Surface coal mining operations conducted by any person without a valid surface coal mining permit 

constitute a condition or practice which causes or can reasonably be expected to cause significant imminent 

environmental harm to land, air, or water resources unless such operations: 

 

* * * * * 

[FR Doc. 89-8018 Filed 4-4-89; 8:45 am] 

BILLING CODE 4310-05-M