Case Type Number: 
Statute (Common Name): 
Surface Mining Control and Reclamation Act of 1977
Program Area: 
Natural Resources
Regulatory Authorities (CFR): 
30 CFR Part 761
Filed By: 
Private Party/Individual
State/Local/Tribal Govt
Brief Description of Case Type: 
(OSM) Surface Coal Mining Hearings and Appeals. Appeal to IBLA. Special procedures apply generally, and to certain case types, and are set forth at 43 CFR Part 4 Subpart L. The jurisdiction of the Board ... includes the authority to exercise the final decision-making power of the Secretary under the act pertaining to? (1) Applications for review of decisions by OSM regarding determinations concerning permits for surface coal mining operations pursuant to section 514 of the act; (2) Petitions for review of proposed assessments of civil penalties issued by OSM pursuant to section 518 of the act; (3) Applications for review of notices of violation and orders of cessation or modifications, vacations, or terminations thereof, issued pursuant to section 521(a)(2) or section 521(a)(3) of the act; (4) Proceedings for suspension or revocation of permits pursuant to section 521(a)(4) of the act; (5) Applications for review of alleged discriminatory acts filed pursuant to section 703 of the act; (6) Applications for temporary relief; (7) Petitions for award of costs and expenses under section 525(e) of the act; (8) Preliminary findings concerning a demonstrated pattern of willful violations under section 510(c) of the act; (9) Suspension or rescission of improvidently-issued permits; (10) Challenges to ownership or control listings or findings; (11) Determinations under 30 CFR part 761; (12) Appeals from orders or decisions of administrative law judges; and (13) All other appeals and review procedures under the act which are permitted by these regulations.
Relief Available in Actions Filed By Private Parties: 
Approval of Request/Application (General)
Attorney Fees/Costs
Reversal of Decision Denying Request/Application
Reinstatement/Restoration of Existing Right or Privilege
Reversal of Finding of Violation/Imposition of Penalty
Waiver/Exemption/Relief from Regulatory Requirement
Other Relief from Agency Action
Other Request for Agency Action
Verified by Agency: 
Not verified