2012-03-30_REVISION - C1980004 - Laserfiche WebLink

Home Browse Search

Pt. 746 for which the agreement was termi- nated and is fully capable of carrying out the cooperative agreement. Any re- instatement shall be by Federal rule - making in accordance with § 745.11. (b) OSM may recommend approval of the reinstatement to the Secretary if it finds that the State meets all the re- quirements for the initial approval of a cooperative agreement under this sub- chapter. (c) The Secretary may approve rein- statement of a cooperative agreement if the Secretary concurs in findings of OSM which recommended that ap- proval. PART 746— REVIEW AND APPROVAL OF MINfNG PLANS Sec. 746.1 Scope. 746.10 Information collection. 746.11 General requirements. 746.13 Decision document and recommenda- tion on mining plan. 746.14 Approval, disapproval or conditional approval, of mining plan. 746.17 Term of approval. 746.18 Mining plan modification. AuTxORrrY: M U.S.C. 1201 el seq. and 30 U.S.C. 181 et seq. SOoflcm: 48 FR 6941, Feb. 16, 1983, unless otherwise noted. § 746.1 Scope. This part provides the process and re- quirements for the review and ap- proval, disapproval or conditional ap- proval of mining plans on lands con- taining leased Federal coal. §746.10 Information collection. The information collection require- ments contained in this section have been approved by OSM of Management and Budget under 44 U.S.C. 3507 and as- signed clearance number 1029-0026. The information is being collected to deter- mine compliance with section 523 of the Act (30 U.S.C. 1273) and this part. The obligation to respond to the infor- mation collection requirements of this part is mandatory. 30 CFR Ch. VII (7 -1 -10 Edition) eral coal until the Secretary has ap- proved the mining plan. (b) Surface coal mining and reclama- tion 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 ap- proved mining plan. §746.13 Decision document and rec- ommendation on mining plan. OSM shall prepare and submit to the Secretary a decision document recom- mending approval, disapproval or con- ditional 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 compli- ance with the National Environmental Policy Act of 1969, 42 U.S.C. 4321, et seq.; (c) Documentation assuring compli- ance 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 agen- cies, as applicable, and the public; (e) The findings and recommenda- tions of the Bureau of Land Manage- ment with respect to the resource re- covery and protection plan and other requirements of the lease and the Min- eral Leasing Act; (f) The findings and recommenda- tions of the regulatory authority with respect to the permit application and the State program; and (g) The findings and recommenda- tions of OSM with respect to the addi- tlonaI requirements of this subchapter. §746.14 Approval, disapproval or con- ditional approval, of mining plan. The Secretary shall approve, dis- approve or conditionally approve the mining plan in accordance with this part. § 746.17 'Perm of approval. § 746.11 General requirements. (a) Each mining plan approval shall 9 cover the operations for which a com- (a) No person shall conduct surface plete permit application package was coal mining and reclamation oper- submitted, unless otherwise indicated ations on lands containing leased Fed- in the approval. 164