§ 773.5 - Regulatory coordination with requirements under other laws.

§ 773.5 How must the regulatory authority coordinate the permitting process Regulatory coordination with requirements under other laws?

(a) To

.

Each regulatory program shall, to avoid duplication,

each regulatory program must

provide for the coordination of review

of permit applications

and issuance of permits for surface coal mining and reclamation operations with

the federal and state agencies responsible for permitting and related actions under the following laws and their implementing regulations:

(1) The Clean Water Act (33 U.S.C. 1251 et seq.).

(2) The

applicable requirements of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)

. (3) The

; the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661 et seq.)

. (4) The

; the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. 703 et seq.)

. (5) The Bald and Golden Eagle Protection Act

; The National Historic Preservation Act of 1966, as amended (16 U.S.C.

668-668d).

(b) In addition to the requirements of paragraph (a) of this section, each federal regulatory program must provide for coordination of the review of permit applications and issuance of permits for surface coal mining operations with applicable requirements of the following laws and their implementing regulations:

(1) The National Historic Preservation Act of 1966 (54

470 et seq.); the Bald Eagle Protection Act, as amended (16 U.S.C.

300101 et seq.). (2) The

668a); for Federal programs only, the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et seq.)

. (3) The

; and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.)

,

where

federal or

Federal and Indian lands covered by that Act are involved.

(4) The National Environmental Policy Act of 1969 (42 U.S.C. 4371 et seq.).

[[52 FR 4262, Feb. 10, 1987. Redesignated at 65 FR 79663, Dec. 19, 2000, as amended at 81 FR 93323, Dec. 20, 2016; 82 FR 54937, Nov. 17, 2017]