---
kind: "section"
citation: "30 U.S.C. § 1264"
title: "30"
title_heading: "Mineral Lands and Mining"
number: "1264"
heading: "Decisions of regulatory authority and appeals"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/30/1264"
units:
  - "Chapter 25 — Surface Mining Control and Reclamation"
  - "Subchapter V — Control of the Environmental Impacts of Surface Coal Mining"
---

# §1264. Decisions of regulatory authority and appeals

- (a) **Issuance of findings within 60 days after informal conference—** If an informal conference has been held pursuant to [section 1263(b) of this title](/usc/30/1263.md?p=b), the [regulatory authority](/usc/30/1291.md?p=22) shall issue and furnish the applicant for a [permit](/usc/30/1291.md?p=15) and [persons](/usc/30/1291.md?p=19) who are parties to the administrative proceedings with the written finding of the [regulatory authority](/usc/30/1291.md?p=22), granting or denying the [permit](/usc/30/1291.md?p=15) in whole or in part and stating the reasons therefor, within the sixty days of said hearings.
- (b) **Decision without informal conference; notification within a reasonable time—** If there has been no informal conference held pursuant to [section 1263(b) of this title](/usc/30/1263.md?p=b), the [regulatory authority](/usc/30/1291.md?p=22) shall notify the applicant for a [permit](/usc/30/1291.md?p=15) within a reasonable time as determined by the [regulatory authority](/usc/30/1291.md?p=22) and set forth in regulations, taking into account the time needed for proper investigation of the site, the complexity of the [permit](/usc/30/1291.md?p=15) application, and whether or not written objection to the application has been filed, whether the application has been approved or disapproved in whole or part.
- (c) **Request for rehearing on reasons for final determination; time; issuance of decision—** If the application is approved, the [permit](/usc/30/1291.md?p=15) shall be issued. If the application is disapproved, specific reasons therefor must be set forth in the notification. Within thirty days after the applicant is notified of the final decision of the [regulatory authority](/usc/30/1291.md?p=22) on the [permit](/usc/30/1291.md?p=15) application, the applicant or any [person](/usc/30/1291.md?p=19) with an interest which is or may be adversely affected may request a hearing on the reasons for the final determination. The [regulatory authority](/usc/30/1291.md?p=22) shall hold a hearing within thirty days of such request and provide notification to all interested parties at the time that the applicant is so notified. If the [Secretary](/usc/30/1291.md?p=23) is the [regulatory authority](/usc/30/1291.md?p=22) the hearing shall be of record and governed by [section 554 of title 5](/usc/5/554.md). Where the [regulatory authority](/usc/30/1291.md?p=22) is the [State](/usc/30/1291.md?p=24), such hearing shall be of record, adjudicatory in nature and no [person](/usc/30/1291.md?p=19) who presided at a conference under [section 1263(b) of this title](/usc/30/1263.md?p=b) shall either preside at the hearing or participate in this decision thereon or in any administrative appeal therefrom. Within thirty days after the hearing the [regulatory authority](/usc/30/1291.md?p=22) shall issue and furnish the applicant, and all [persons](/usc/30/1291.md?p=19) who participated in the hearing, with the written decision of the [regulatory authority](/usc/30/1291.md?p=22) granting or denying the [permit](/usc/30/1291.md?p=15) in whole or in part and stating the reasons therefor.
- (d) **Temporary relief—** Where a hearing is requested pursuant to [subsection (c)](#c), the [Secretary](/usc/30/1291.md?p=23), where the [Secretary](/usc/30/1291.md?p=23) is the [regulatory authority](/usc/30/1291.md?p=22), or the [State](/usc/30/1291.md?p=24) hearing authority may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if—
  - (1) all parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;
  - (2) the [person](/usc/30/1291.md?p=19) requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and
  - (3) such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.
- (e) **Power of regulatory authority with respect to rehearing—** For the purpose of such hearing, the [regulatory authority](/usc/30/1291.md?p=22) may administer oaths, subpoena witnesses, or written or printed materials, compel attendance of the witness, or production of the materials, and take evidence including but not limited to site inspections of the land to be affected and other [surface coal mining operations](/usc/30/1291.md?p=28) carried on by the applicant in the general vicinity of the proposed operation. A verbatim record of each public hearing required by this chapter shall be made, and a transcript made available on the motion of any party or by order of the [regulatory authority](/usc/30/1291.md?p=22).
- (f) **Right to appeal in accordance with section 1276 of this title—** Any applicant or any [person](/usc/30/1291.md?p=19) with an interest which is or may be adversely affected who has participated in the administrative proceedings as an objector, and who is aggrieved by the decision of the [regulatory authority](/usc/30/1291.md?p=22), or if the [regulatory authority](/usc/30/1291.md?p=22) fails to act within the time limits specified in this chapter shall have the right to appeal in accordance with [section 1276 of this title](/usc/30/1276.md).

## Source credit

(Pub. L. 95–87, title V, § 514, Aug. 3, 1977, 91 Stat. 485.)