1. (a) To avoid duplication, each regulatory program must provide for the coordination of review of permit applications and issuance of permits for surface coal mining operations with the federal and state agencies responsible for permitting and related actions under the following laws and their implementing regulations:

   1. (1) The Clean Water Act (33 U.S.C. 1251 et seq.).
   2. (2) The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
   3. (3) The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.).
   4. (4) The Migratory Bird Treaty Act of 1918 (16 U.S.C. 703 et seq.).
   5. (5) The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d).

2. (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. (1) The National Historic Preservation Act of 1966 (54 U.S.C. 300101 et seq.).
   2. (2) The Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et seq.).
   3. (3) The Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), where federal or Indian lands covered by that Act are involved.
   4. (4) The National Environmental Policy Act of 1969 (42 U.S.C. 4371 et seq.).

[81 FR 93323, Dec. 20, 2016]