--- kind: "section" citation: "30 U.S.C. § 1275" title: "30" title_heading: "Mineral Lands and Mining" number: "1275" heading: "Review by Secretary" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/30/1275" units: - "Chapter 25 — Surface Mining Control and Reclamation" - "Subchapter V — Control of the Environmental Impacts of Surface Coal Mining" --- # §1275. Review by Secretary - (a) **Application for review of order or notice; investigation; hearing; notice—** - (1) A [permittee](/usc/30/1291.md?p=18) issued a notice or order by the [Secretary](/usc/30/1291.md?p=23) pursuant to the provisions of paragraphs [(2)](#a-2) and (3) of subsection (a) of [section 1271 of this title](/usc/30/1271.md), or pursuant to a [Federal program](/usc/30/1291.md?p=6) or the [Federal lands program](/usc/30/1291.md?p=5) or any [person](/usc/30/1291.md?p=19) having an interest which is or may be adversely affected by such notice or order or by any modification, vacation, or termination of such notice or order, may apply to the [Secretary](/usc/30/1291.md?p=23) for review of the notice or order within thirty days of receipt thereof or within thirty days of its modification, vacation, or termination. Upon receipt of such application, the [Secretary](/usc/30/1291.md?p=23) shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing, at the request of the applicant or the [person](/usc/30/1291.md?p=19) having an interest which is or may be adversely affected, to enable the applicant or such [person](/usc/30/1291.md?p=19) to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof. The filing of an application for review under this subsection shall not operate as a stay of any order or notice. - (2) The [permittee](/usc/30/1291.md?p=18) and other interested [persons](/usc/30/1291.md?p=19) shall be given written notice of the time and place of the hearing at least five days prior thereto. Any such hearing shall be of record and shall be subject to [section 554 of title 5](/usc/5/554.md). - (b) **Findings of fact; issuance of decision—** Upon receiving the report of such investigation, the [Secretary](/usc/30/1291.md?p=23) shall make findings of fact, and shall issue a written decision, incorporating therein an order vacating, affirming, modifying, or terminating the notice or order, or the modification, vacation, or termination of such notice or order complained of and incorporate his findings therein. Where the application for review concerns an order for cessation of [surface coal mining and reclamation operations](/usc/30/1291.md?p=27) issued pursuant to the provisions of paragraph [(2)](#a-2) or (3) of subsection (a) of [section 1271 of this title](/usc/30/1271.md), the [Secretary](/usc/30/1291.md?p=23) shall issue the written decision within thirty days of the receipt of the application for review, unless temporary relief has been granted by the [Secretary](/usc/30/1291.md?p=23) pursuant to [subsection (c)](#c) of this section or by the court pursuant to subsection (c) of [section 1276 of this title](/usc/30/1276.md). - (c) **Temporary relief; issuance of order or decision granting or denying relief—** Pending completion of the investigation and hearing required by this section, the applicant may file with the [Secretary](/usc/30/1291.md?p=23) a written request that the [Secretary](/usc/30/1291.md?p=23) grant temporary relief from any notice or order issued under [section 1271 of this title](/usc/30/1271.md), a [Federal program](/usc/30/1291.md?p=6) or the [Federal lands program](/usc/30/1291.md?p=5) together with a detailed statement giving reasons for granting such relief. The [Secretary](/usc/30/1291.md?p=23) shall issue an order or decision granting or denying such relief expeditiously: Provided, That where the applicant requests relief from an order for cessation of coal mining and reclamation operations issued pursuant to paragraph [(2)](#a-2) or (3) of subsection (a) of [section 1271 of this title](/usc/30/1271.md), the order or decision on such a request shall be issued within five days of its receipt. The [Secretary](/usc/30/1291.md?p=23) may grant such relief, under such conditions as he may prescribe, if— - (1) a hearing has been held in the locality of the [permit area](/usc/30/1291.md?p=17) on the request for temporary relief in which all parties were given an opportunity to be heard; - (2) the applicant shows that there is substantial likelihood that the findings of the [Secretary](/usc/30/1291.md?p=23) will be favorable to him; and - (3) such relief will not adversely affect the health or safety of the public or cause significant, imminent environmental harm to land, air, or water resources. - (d) **Notice and hearing with respect to section 1271 order to show cause—** Following the issuance of an order to show cause as to why a [permit](/usc/30/1291.md?p=15) should not be suspended or revoked pursuant to [section 1271 of this title](/usc/30/1271.md), the [Secretary](/usc/30/1291.md?p=23) shall hold a public hearing after giving written notice of the time, place, and date thereof. Any such hearing shall be of record and shall be subject to [section 554 of title 5](/usc/5/554.md). Within sixty days following the public hearing, the [Secretary](/usc/30/1291.md?p=23) shall issue and furnish to the [permittee](/usc/30/1291.md?p=18) and all other parties to the hearing a written decision, and the reasons therefor, concerning suspension or revocation of the [permit](/usc/30/1291.md?p=15). If the [Secretary](/usc/30/1291.md?p=23) revokes the [permit](/usc/30/1291.md?p=15), the [permittee](/usc/30/1291.md?p=18) shall immediately cease [surface coal mining operations](/usc/30/1291.md?p=28) on the [permit area](/usc/30/1291.md?p=17) and shall complete reclamation within a period specified by the [Secretary](/usc/30/1291.md?p=23), or the [Secretary](/usc/30/1291.md?p=23) shall declare as forfeited the performance bonds for the operation. - (e) **Costs—** Whenever an order is issued under this section, or as a result of any administrative proceeding under this chapter, at the request of any [person](/usc/30/1291.md?p=19), a sum equal to the aggregate amount of all costs and expenses (including attorney fees) as determined by the [Secretary](/usc/30/1291.md?p=23) to have been reasonably incurred by such [person](/usc/30/1291.md?p=19) for or in connection with his participation in such proceedings, including any judicial review of agency actions, may be assessed against either party as the court, resulting from judicial review or the [Secretary](/usc/30/1291.md?p=23), resulting from administrative proceedings, deems proper. ## Source credit (Pub. L. 95–87, title V, § 525, Aug. 3, 1977, 91 Stat. 511.)