Page:United States Statutes at Large Volume 91.djvu/545

 PUBLIC LAW 9 5 - 8 7 — A U G. 3, 1977 PUBLIC AGENCIES, PUBLIC UTILITIES, AND PUBLIC

91 STAT. 511

CORPORATIONS

SEC. 524. Any agency, unit, or instrumentality of Federal, State, Compliance. or local government, including any publicly owned utility or publicly 30 USC 1274. owned corporation of Federal, State, or local government, which proposes to engage in surface coal mining operations which are subject to the requirements of this Act shall comply with the provisions of title V. REVIEW BY SECRETARY

SEC. 525. (a)(1) A permittee issued a notice or order by the Secretary pursuant to the provisions of subparagraphs (a)(2) and (3) of section 521 of this title, or pursuant to a Federal program or the Federal lands program or any person 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 for review of the notice or order within t h i r t y days of receipt thereof or within t h i r t y days of its modification, vacation, or termmation. Upon receipt of such application, the Secretary 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 having an interest which is or may be adversely affected, to enable the applicant or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof. The tiling of an application for review under this subsection shall not operate as a stay of any order or notice. (2) The permittee and other interested persons 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 of the United States Code. (b) Upon receiving the report of such investigation, the Secretary 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 issued pursuant to the provisions of subparagraph (a)(2) or (a)(3) of section 521 of this title, the Secretary shall issue the written decision within t h i r t y days of the receipt of the application for review, unless temporary relief has been granted by the Secretary pursuant to subparagraph (c) of this section or by the court pursuant to subparagraph (c) of section 526 of this title. (c) P e n d i n g completion of the investigation and hearing required by this section, the applicant may file with the Secretary a written request that the Secretary g r a n t temporary relief from any notice or order issued under section 521 of this title, a Federal program or the Federal lands program together with a detailed statement giving reasons for g r a n t i n g such relief. The Secretary shall issue an order or decision g r a n t i n g 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 subparagraph (a)(2) or (a)(3) of section 521 of this title, the order or decision on such a request shall be issued within five days of its receipt. The Secretary may g r a n t such relief, under such conditions as he may prescribe, if—

30 USC 1275.

Investigation. Hearing.

Notice.

Findings of fact. Decision.

Temporary relief, Order or decision.

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