30 U.S.C. § 1263 — Public notice and public hearings

(a) Submittal of advertisement to regulatory authority; notification of local governmental bodies At the time of submission of an application for a surface coal mining and reclamation permit, or revision of an existing permit, under the provisions of this chapter or an approved State program, the applicant must submit to the regulatory authority a copy of his advertisement of the ownership, precise location, and boundaries of the land to be affected. At the time of submission that advertisement must be placed by the applicant in a local newspaper of general circulation in the locality of the proposed surface mine no fewer than once a week for four consecutive weeks. The regulatory authority must notify various local governmental bodies, planning agencies, and sewage and water treatment authorities, of 1 water companies in the locality in which the proposed surface mining will take place, notifying them of the operator’s intention to surface mine a particularly described tract of land and indicating the application’s permit number and where a copy of the proposed mining and reclamation plan may be inspected. These local bodies, agencies, authorities, or companies may submit written comments within a reasonable period established by the regulatory authority on the mining applications about the effect of the proposed operation on the environment which are within their area of responsibility. Such comments must immediately be transmitted to the applicant by the regulatory authority and must be made available to the public at the same locations as are the mining applications. (b) Objections to permit applications; informal conference; record Any person having an interest which is or may be adversely affected or the officer or head of any Federal, State, or local governmental agency or authority must have the right to file written objections to the proposed initial or revised application for a permit for surface coal mining and reclamation operation with the regulatory authority within thirty days after the last publication of the above notice. Such objections must immediately be transmitted to the applicant by the regulatory authority and must be made available to the public. If written objections are filed and an informal conference requested, the regulatory authority must then hold an informal conference in the locality of the proposed mining, if requested within a reasonable time of the receipt of that objections or request. The date, time and location of that informal conference must be advertised by the regulatory authority in a newspaper of general circulation in the locality no fewer than two weeks before the scheduled conference date. The regulatory authority may arrange with the applicant upon request by any party to the administrative proceeding access to the proposed mining area for the purpose of gathering information relevant to the proceeding. An electronic or stenographic record must be made of the conference proceeding, unless waived by all parties. Such record must be maintained and must be accessible to the parties until final release of the applicant’s performance bond. In the event all parties requesting the informal conference stipulate agreement before the requested informal conference and withdraw their request, that informal conference need not be held. (c) Prior Federal coal lease hearing as evidence Where the lands included in an application for a permit are the subject of a Federal coal lease in connection with which hearings were held and determinations were made under section 201(a)(3)(A), (B) and (C) of this title, that hearings is considered as to the matters covered to satisfy the requirements of this section and section 1264 of this title and that determinations is considered to be a part of the record and conclusive for purposes of sections 1260, 1264 of this title and this section.