Page:United States Statutes at Large Volume 91.djvu/508

 91 STAT. 474

PUBLIC LAW 95-87—AUG. 3, 1977

such commencement or threatening suhstantial economic loss to the permittee, or by reason of conditions beyond the control and without the fault or negligence of the permittee: Provided further, That in the case of a coal lease issued under the Federal Mineral Leasing Act, 30 USC 181 note. as amended, extensions of time may not extend beyond the period allowed for diligent development in accor-dance with section 7 of that Act: Provided further, That with respect to coal to be mined for use 30 USC 207. in a synthetic fuel facility or specific major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at such time as the construction of the synthetic fuel or generating facility is initiated. (d)(1) Any valid permit issued pursuant to this Act shall carry Renewal. with it the right of successive renewal upon expiration with respect to areas within the boundaries of the existing permit. The holders of the permit may apply for renewal and such renewal shall be issued (provided that on application for renewal the burden shall be on the oppouents of renewal), subsequent to fulfillment of the public notice requirements of sections 513 and 514 unless it is established that and written findings by the regulatory authority are made that— (A) the terms and conditions of the existing permit are not being satisfactorily met; (B) the present surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this Act and the approved State plan or Federal program pursuant to this Act; or (C) the renewal requested substantially jeopardizes the operator's continuing responsibility on existing permit areas; (D) the operator has not provided evidence that the performance bond in effect foi- said operation will continue in full force and effect for any renewal requested in such application as well as any additional bond the regulatory authority might require pursuant to section 509; or (E) any additional revised or updated information required by the regulatory authority has not been provided. Prior to the approval of any renewal of permit the regulatory authority shall provide notice to the appropriate public authorities. Boundary (2) If an application for renewal of a valid permit includes a proextension. posal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion, of the application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new applications under this Act: Provided, however. That if the surface coal mining operations authorized by a permit issued pursuant to this Act were not subject to the standards contained in section 510(b)(5)(A) and (B) by reason of complying with the proviso of section 510(b)(5), then the portion of the application for renewal of the permit which addresses any new land areas previously identified in the reclamation plan submitted pursuant to section 508 shall not be subject to the standards contained in section 510(b)(5)(A) and (B). (3) Any permit renewal shall be for a term not to exceed the period of the original permit established by this Act. Application for permit renewal shall be made at least one hundred and twenty days prior to the expiration of the valid permit. AI'PLICATION REQIIIKEMENTS

Fee 30 USC 1257.

SEC. 507. (a) Each application for a surface coal mining and reclamation permit pursuant to an approved State program or a Federal

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