| (a) Any person seeking to succeed by transfer, assignment,
or sale to the rights granted by a permit issued under a regulatory
program shall, prior to the date of such transfer, assignment or sale:
(1) obtain the performance bond coverage of the original
permittee by:
(A) obtaining transfer of the original bond;
(B) obtaining a written agreement with the original
permittee and all subsequent successors in interest (if any) that
the bond posted by the original permittee and all successors shall
continue in force on all areas affected by the original permittee
and all successors, and supplementing such previous bonding with such
additional bond as may be required by the Commission. If such an agreement
is reached, the Commission may authorize for each previous successor
and the original permittee the release of any remaining amount of
bond in excess of that required by the agreement;
(C) providing sufficient bond to cover the original
permit in its entirety from inception to completion of reclamation
operations; or
(D) such other methods as would provide that reclamation
of all areas affected by the original permittee is assured under bonding
coverage at least equal to that of the original permittee;
(2) provide the Commission with an application for
approval of such proposed transfer, assignment, or sale, including:
(A) the name and address of the existing permittee;
(B) the name and address of the person proposing to
succeed by such transfer, assignment, or sale and the name and address
of that person's resident agent;
(C) for surface mining activities, the same information
as is required by §§12.116, 12.117, 12.118(c), 12.120 and
12.121 of this title (relating to Identification of Interests and
Compliance Information; Right of Entry and Operation Information;
Relationship to Areas Designated Unsuitable for Mining; Personal Injury
and Property Damage Insurance Information; and Identification of Other
Licenses and Permits) for applications for new permits for those activities;
or
(D) for underground mining activities, the same information
as is required by §§12.156 12.157, 12.158(c), 12.160 and
12.161 of this title (relating to Identification of Interests and
Compliance Information; Right of Entry and Operation Information;
Relationship to Areas Designated Unsuitable for Mining; Personal Injury
and Property Damage Insurance Information; and Identification of Other
Licenses and Permits) for applications for new permits for those activities;
and
(3) Obtain the written approval of the Commission for
transfer, assignment, or sale of rights, according to subsection (c)
of this section.
(b) Public notice and comment shall apply as follows:
(1) the person applying for approval of such transfer,
assignment or sale of rights granted by a permit shall advertise the
filing of the application in a newspaper of general circulation in
the locality of the operations involved, indicating the name and address
of the applicant, the original permittee, the number and particular
geographic location of the permit, and the address to which written
comments may be sent under this subsection; and
(2) any person whose interests are or may be adversely
affected, including, but not limited to, the head of any local, state
or federal government agency may submit written comments on the application
for approval to the Commission, within the time required by the regulations.
(c) The Commission may, upon the basis of the applicant's
compliance with the requirements of subsections (a) and (b) of this
section, grant written approval for the transfer, sale, or assignment
of rights under a permit, if it first finds, in writing, that:
(1) the applicant is eligible to receive a permit in
accordance with this chapter;
(2) the applicant will conduct the operations covered
by the permit in accordance with the criteria specified in §§12.200
- 12.205, 12.216 and 12.217 of this title (relating to Requirements
for Permits for Special Categories of Mining; Criteria for Permit
Approval or Denial; and Criteria for Permit Approval or Denial: Existing
Structures) and the requirements of the Act and this chapter;
(3) the applicant has, in accordance with §12.232(a)(1)
of this title (relating to Transfer, Assignment, or Sale of Permit
Rights: Obtaining Approval), submitted a performance bond or other
guarantee as required by Subchapter J of this chapter (relating to
Bond and Insurance Requirements for Surface Coal Mining and Reclamation
Operations), and at least equivalent to the bond or other guarantee
of the original permittee; and
(4) the applicant will continue to conduct the operations
involved in full compliance with the terms and conditions of the original
permit, unless and until it has obtained a new permit in accordance
with this subchapter as required in §12.233 of this title (relating
to Requirements for New Permits for Persons Succeeding to Rights Granted
under a Permit).
(d) The Commission shall notify the permittee, the
successor, commentors, and OSM of its findings.
(e) The successor shall immediately notify the Commission
of the consummation of the transfer, assignment, or sale of permit
rights.
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