Section 11-8-2.3-35-3517 - Transfer, Assignment or Sale of Permit Rights: Obtaining Approval(a) A successor in interest to a permittee who applies for a new permit within thirty (30) days of succeeding to that interest, and who is able to obtain the bond coverage of the original permittee, pursuant to § 53-9-31 of the act and Subchapter 2.4, may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until the Permit Board takes action on the successor's application. Any person seeking to succeed by transfer, assignment or sale to the rights granted by a permit issued under this regulatory program shall, prior to the date of such transfer, assignment or sale: (1) obtain appropriate performance bond coverage in an amount sufficient to cover the proposed operations, as required under Subchapter 2.4;(2) provide the Permit Board with an application for approval of such proposed transfer, assignment or sale, including:(A) the name and address of the existing permittee and permit number;(B) a brief description of the proposed action requiring approval;(C) for surface mining activities, the same information as is required by the act and §§ 2305, 2307, 2309, 2311(b), 2315 and 2317 for applications for new permits for those activities; and(3) obtain the written approval of the Permit Board for transfer, assignment or sale of rights, according to the act and § 3517(c).(b)(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 as required for a new application under § 53-9-37.(2) Any interested party 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 Permit Board, within the thirty (30) days of the final date of publication required by § 3517(b)(1).(c) The Permit Board may, upon the basis of the applicant's compliance with the requirements of § 3517(a) and (b), 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 §§ 3113 and 3115;(2) the applicant has, in accordance with § 3517(a)(1), submitted a performance bond or other collateral as required by Subchapter 2.4 and at least equivalent to the bond or other collateral of the original permittee;(3) 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 and as required in § 53-9-21; and(4) the applicant and application meet any other requirements specified by the Department.(d) Notification (1) the Permit Board shall notify the permittee, the successor, commentors, and OSM, of its findings;(2) the successor shall immediately provide notice to the Permit Board of the consummation of the transfer, assignment or sale of permit rights.11 Miss. Code. R. § 8-2.3-35-3517
Miss. Code Ann. §§ 53-9-21, 53-9-23, 53-9-35 and 53-9-1, et seq.