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Surface Mining Reclamation and Enforcement, interior § 745.18 <br />(b) An approved mining plan shall re- <br />main in effect until modified, cancelled <br />or withdrawn and shall be binding on <br />any person conducting mining under <br />the approved mining plan. <br />§746.18 Mining plan modification. <br />(a) Mining plan modifications shall <br />be approved by the Secretary. <br />(b) The approval of mining plan <br />modifications shall be in accordance <br />with the procedures of this part for <br />mining plan approval. <br />(c) Surface coal mining and reclama- <br />tion operations on lands containing <br />leased Federal coal pursuant to a per- <br />mit revision issued by the regulatory <br />authority shall not commence until — <br />(1) OSM determines that the permit <br />revision does not constitute a mining <br />plan modification under this section, <br />or <br />(2) If the permit revision constitutes <br />a mining plan modification under this <br />section, such modification has been ap- <br />proved by the Secretary. <br />(d) Permit revisions constitute min- <br />ing plan modifications if they meet any <br />of the following criteria: <br />(1) Any change in the mining plan <br />which would affect the conditions of its <br />approval pursuant to Federal law or <br />regulation other than the Act; <br />(2) Any change which would ad- <br />versely affect the level of protection <br />afforded any land, facility or place des- <br />ignated unsuitable for mining; <br />(3) Any change in the location or <br />amount of coal to be mined, except <br />where such change is the result of: <br />(i) A minor change in the amount of <br />coal actually available for mining from <br />the amount estimated; or <br />(ii) An incidental boundary change; <br />(4) Any change which would extend <br />coal mining and reclamation oper- <br />ations onto leased Federal coal lands <br />for the first time; <br />(5) Any change which requires the <br />preparation of an environmental im- <br />pact statement under the National En- <br />vironmental Policy Act or 1969, 42 <br />U.S.C. 4321 et seq.; <br />(6) Any change in the mining oper- <br />ations and reclamation plan that would <br />result in a change in the postmining <br />land use where the surface is federally - <br />owned. <br />165 <br />