---
kind: "section"
citation: "30 U.S.C. § 1256"
title: "30"
title_heading: "Mineral Lands and Mining"
number: "1256"
heading: "Permits"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/30/1256"
units:
  - "Chapter 25 — Surface Mining Control and Reclamation"
  - "Subchapter V — Control of the Environmental Impacts of Surface Coal Mining"
---

# §1256. Permits

- (a) **Persons engaged in surface coal mining within State; time limit; exception—** No later than eight months from the date on which a [State program](/usc/30/1291.md?p=25) is approved by the [Secretary](/usc/30/1291.md?p=23), pursuant to [section 1253 of this title](/usc/30/1253.md), or no later than eight months from the date on which the [Secretary](/usc/30/1291.md?p=23) has promulgated a [Federal program](/usc/30/1291.md?p=6) for a [State](/usc/30/1291.md?p=24) not having a [State program](/usc/30/1291.md?p=25) pursuant to [section 1254 of this title](/usc/30/1254.md), no [person](/usc/30/1291.md?p=19) shall engage in or carry out on lands within a [State](/usc/30/1291.md?p=24) any [surface coal mining operations](/usc/30/1291.md?p=28) unless such [person](/usc/30/1291.md?p=19) has first obtained a [permit](/usc/30/1291.md?p=15) issued by such [State](/usc/30/1291.md?p=24) pursuant to an approved [State program](/usc/30/1291.md?p=25) or by the [Secretary](/usc/30/1291.md?p=23) pursuant to a [Federal program](/usc/30/1291.md?p=6); except a [person](/usc/30/1291.md?p=19) conducting [surface coal mining operations](/usc/30/1291.md?p=28) under a [permit](/usc/30/1291.md?p=15) from the [State regulatory authority](/usc/30/1291.md?p=26), issued in accordance with the provisions of [section 1252 of this title](/usc/30/1252.md), may conduct such operations beyond such period if an application for a [permit](/usc/30/1291.md?p=15) has been filed in accordance with the provisions of this chapter, but the initial administrative decision has not been rendered.
- (b) **Term—** All [permits](/usc/30/1291.md?p=15) issued pursuant to the requirements of this chapter shall be issued for a term not to exceed five years: Provided, That if the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation and if the application is full and complete for such specified longer term, the [regulatory authority](/usc/30/1291.md?p=22) may grant a [permit](/usc/30/1291.md?p=15) for such longer term. A successor in interest to a [permittee](/usc/30/1291.md?p=18) who applies for a new [permit](/usc/30/1291.md?p=15) within thirty days of succeeding to such interest and who is able to obtain the bond coverage of the original [permittee](/usc/30/1291.md?p=18) may continue [surface coal mining and reclamation operations](/usc/30/1291.md?p=27) according to the approved mining and [reclamation plan](/usc/30/1291.md?p=21) of the original [permittee](/usc/30/1291.md?p=18) until such successor’s application is granted or denied.
- (c) **Termination—** A [permit](/usc/30/1291.md?p=15) shall terminate if the [permittee](/usc/30/1291.md?p=18) has not commenced the [surface coal mining operations](/usc/30/1291.md?p=28) covered by such [permit](/usc/30/1291.md?p=15) within three years of the issuance of the [permit](/usc/30/1291.md?p=15): Provided, That the [regulatory authority](/usc/30/1291.md?p=22) may grant reasonable extensions of time upon a showing that such extensions are necessary by reason of litigation precluding such commencement or threatening substantial economic loss to the [permittee](/usc/30/1291.md?p=18), or by reason of conditions beyond the control and without the fault or negligence of the [permittee](/usc/30/1291.md?p=18): Provided further, That in the case of a coal lease issued under the Federal Mineral Leasing Act, as amended [[30 U.S.C. 181](/usc/30/181.md) et seq.], extensions of time may not extend beyond the period allowed for diligent development in accordance with [section 7](/usc/30/7.md) of that Act [[30 U.S.C. 207](/usc/30/207.md)]: Provided further, That with respect to coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, the [permittee](/usc/30/1291.md?p=18) shall be deemed to have commenced surface mining operations at such time as the construction of the synthetic fuel or generating facility is initiated.
- (d) **Renewal—**
  - (1) Any valid [permit](/usc/30/1291.md?p=15) issued pursuant to this chapter shall carry with it the right of successive renewal upon expiration with respect to areas within the boundaries of the existing [permit](/usc/30/1291.md?p=15). The holders of the [permit](/usc/30/1291.md?p=15) may apply for renewal and such renewal shall be issued (provided that on application for renewal the burden shall be on the opponents of renewal), subsequent to fulfillment of the public notice requirements of sections [1263](/usc/30/1263.md) and [1264](/usc/30/1264.md) of this title unless it is established that and written findings by the [regulatory authority](/usc/30/1291.md?p=22) are made that—
    - (A) the terms and conditions of the existing [permit](/usc/30/1291.md?p=15) are not being satisfactorily met;
    - (B) the present surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this chapter and the approved [State](/usc/30/1291.md?p=24) plan or [Federal program](/usc/30/1291.md?p=6) pursuant to this chapter; or
    - (C) the renewal requested substantially jeopardizes the [operator](/usc/30/1291.md?p=13)’s continuing responsibility on existing [permit areas](/usc/30/1291.md?p=17);
    - (D) the [operator](/usc/30/1291.md?p=13) has not provided evidence that the performance bond in effect for said operation will continue in full force and effect for any renewal requested in such application as well as any additional bond the [regulatory authority](/usc/30/1291.md?p=22) might require pursuant to [section 1259 of this title](/usc/30/1259.md); or
    - (E) any additional revised or updated information required by the [regulatory authority](/usc/30/1291.md?p=22) has not been provided. Prior to the approval of any renewal of [permit](/usc/30/1291.md?p=15) the [regulatory authority](/usc/30/1291.md?p=22) shall provide notice to the appropriate public authorities.
  - (2) If an application for renewal of a valid [permit](/usc/30/1291.md?p=15) includes a proposal to extend the mining operation beyond the boundaries authorized in the existing [permit](/usc/30/1291.md?p=15), the portion of the application for renewal of a valid [permit](/usc/30/1291.md?p=15) which addresses any new land areas shall be subject to the full standards applicable to new applications under this chapter: Provided, however, That if the [surface coal mining operations](/usc/30/1291.md?p=28) authorized by a [permit](/usc/30/1291.md?p=15) issued pursuant to this chapter were not subject to the standards contained in [section 1260(b)(5)(A)](/usc/30/1260.md?p=b-5-A) and (B) of this title by reason of complying with the proviso of [section 1260(b)(5) of this title](/usc/30/1260.md?p=b-5), then the portion of the application for renewal of the [permit](/usc/30/1291.md?p=15) which addresses any new land areas previously identified in the [reclamation plan](/usc/30/1291.md?p=21) submitted pursuant to [section 1258 of this title](/usc/30/1258.md) shall not be subject to the standards contained in [section 1260(b)(5)(A)](/usc/30/1260.md?p=b-5-A) and (B) of this title.
  - (3) Any [permit](/usc/30/1291.md?p=15) renewal shall be for a term not to exceed the period of the original [permit](/usc/30/1291.md?p=15) established by this chapter. Application for [permit](/usc/30/1291.md?p=15) renewal shall be made at least one hundred and twenty days prior to the expiration of the valid [permit](/usc/30/1291.md?p=15).

## Source credit

(Pub. L. 95–87, title V, § 506, Aug. 3, 1977, 91 Stat. 473.)

## Notes

### Editorial Notes

### References in Text

The Federal Mineral Leasing Act, as amended, referred to in subsec. (c), probably means act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 181 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 181 of this title and Tables.