Page:United States Statutes at Large Volume 91.djvu/507

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

91 STAT. 473

(h) Any Federal program shall include a process for coordinating Permits, the review and issuance of permits for surface mining and reclamation coordination, operations with any other Federal or State permit process applicable to the proposed operation. STATE LAWS

SEC. 505. (a) No State law or regulation in effect on the date of 30 USC 1255. enactment of this Act, or which may become effective thereafter, shall be superseded by any provision of this Act or any regulation issued pursuant thereto, except insofar as such State law or regulation is inconsistent with the provisions of this Act. (b) Any provision of any State law or regulation in effect upon the '-Mn; date of enactment of this Act, or which may become effective thereafter, which provides for more stringent land use and environmental controls and regulations of surface coal uiining and reclamation opeiution than do the provisions of this Act or any regulation issued pursuant thereto siiall not be construed to be inconsistent with this Act. The Secretary shall set forfh any State law or regulation which is construed to be inconsistent with this Act. Any provision of any State law or regulation in effect on the date of enactment of this Act, or which may become effective thereafter, which provides for the control and regulation of surface mining and reclamation operations for which no provision is contained in this Act shall not be construed to be inconsistent with this Act. PERMITS

SEC. 506. (a) No later than eight months from the date on which 30 USC 1256. a State program is approved by the Secretary, pursuant to section 503 of this Act, or no later than eight months from the date on which the Secretary has promulgated a Federal program for a State not having a State program pursuant to section 504 of this Act, no person shall engage in or carry out on lands within a State any surface coal mining operations unless such person has first obtained a permit issued by such State pursuant to an approved State program or by the Secretary pursuant to a Federal program; except a person conducting surface coal mining operations under a permit from the State regulatory authority, issued in accordance with the provisions of section 502 of this Act, may conduct such operations beyond such period if an application for a permit has been filed in accordance with the provisions of this Act, but the initial administrative decision has not been rendered. (b) All peruiits issued pursuant to the requirements of this Act Term, shall be issued for a term not to exceed five years: Provided, That if the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation and if the application is full and complete for such specified longer term, the regulatory authority may g r a n t a permit for such longer term. A successor in interest to a permittee who applies for a new permit within t h i r t y days of succeeding to such interest and who is able to obtain the bond coverage of the original permittee may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until such successor's application is granted or denied. (c) A permit shall terminate if the permittee has not commenced Termination, the surface coal mining operations covered by such permit within three years of the issuance of the permit: Provided, That the regulatory authority may grant reasonable extensions of time upon a showing that such extensions are necessary by reason, of litigation precluding

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