---
kind: "section"
citation: "30 C.F.R. § 746.18"
title: "30"
number: "746.18"
heading: "Mining plan modification."
url: "https://uscodex.org/cfr/30/746.18"
---

# §746.18. Mining plan modification.

- (a) Mining plan modifications shall be approved by the Secretary.
- (b) The approval of mining plan modifications shall be in accordance with the procedures of this part for mining plan approval.
- (c) Surface coal mining and reclamation operations on lands containing leased Federal coal pursuant to a permit revision issued by the regulatory authority shall not commence until—
  - (1) OSM determines that the permit revision does not constitute a mining plan modification under this section, or
  - (2) If the permit revision constitutes a mining plan modification under this section, such modification has been approved by the Secretary.
- (d) **Permit revisions constitute mining plan modifications if they meet any of the following criteria—**
  - (1) Any change in the mining plan which would affect the conditions of its approval pursuant to Federal law or regulation other than the Act;
  - (2) Any change which would adversely affect the level of protection afforded any land, facility or place designated unsuitable for mining;
  - (3) **Any change in the location or amount of coal to be mined, except where such change is the result of—**
    - (i) A minor change in the amount of coal actually available for mining from the amount estimated; or
    - (ii) An incidental boundary change;
  - (4) Any change which would extend coal mining and reclamation operations onto leased Federal coal lands for the first time;
  - (5) Any change which requires the preparation of an environmental impact statement under the National Environmental Policy Act or 1969, [42 U.S.C. 4321](/usc/42/4321.md) et seq.;
  - (6) Any change in the mining operations and reclamation plan that would result in a change in the postmining land use where the surface is federally-owned.

## Notes

### Authority

Authority: 30 U.S.C. 1201 et seq. and 30 U.S.C. 181 et seq.

### Source

Source: 48 FR 6941, Feb. 16, 1983, unless otherwise noted.