Page:United States Statutes at Large Volume 91.djvu/542

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 508 ,«

State process, requirements.

Notice and hearing.

Savings provision.

Federal lands.

Area withdrawal.

Ante, p. 471.

Petition.

Notice and hearing.

(A) be incompatible with existing State or local land use plans or programs; or (B) affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific, and esthetic values and natural systems; or (C) affect renewable resource lands in which such operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products, and such lands to include aquifers and aquifer recharge areas; or (D) aft'ect natural hazard lands in which such operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology. (4) To comply with this section, a State must demonstrate it has developed or is developing a process which includes— (A) a State agency responsible for surface coal mining lands (B) a data base and an inventory system which will permit proper evaluation of the capacity of different land areas of the State to support and permit reclamation of surface coal mining operations; (C) a method or methods for implementing land use planning decisions concerning surface coal mining operations; and (D) proper notice, opportunities for public participation, including a public hearing prior to making any designation or redesignation. pursuant to this section. (5) Determinations of the unsuitability of land for surface coal mining, as provided for in this section, shall be integrated as closely as possible with present and future land use planning and regulation process'^s at the Federal, State, and local levels. (6) The requirements of this section shall not apply to lands on which surface coal mining operations are being conducted on the date of enactment of this Act or under a permit issued pursuant to this Act, or where substantial legal and financial commitments in such operation were in ex'stence prior to January 4, 1977. (b) The Secretary shall conduct a review of the Federal lands to determine, pursuant to the standards set forth in paragraphs (2) and (3) of subsection (a) of this section, whether there are areas on Federal lands which are unsuitable for all or certain types of surface coal mining operations: Provided, hotoerer. That the Secretary may permit surface coal mininqr on Federal lands prior to the completion of t^ is review. When the Secretary determines an area on Federal lands to be unsuitable for all or certain types of surface coal mining operations, he shall withdraw such area or condition any mineral leasing or mineral entres in a manner so as to limit surface coal mining operations '^n such area. Where a Federal projjram has been implemented in a State pursuant to section 504, the Secretary shall implement a process for designation of areas unsuitable for surface coal mining for non-Federal lands within such State and such proce'ss shall incorporate the standards and procedures of this section. Prior to designating Foder^il lands unsuitable for such mining, the Secretary shall consult with the appropriate State and local agencies. (c) Any person havino- an interest which is or may be adversely affected shall have the right to petition the regulatory authority to have an area designated a« unsuitable for surface coal mining operations, or to have such a desiomation terminated. Such a petition shall contain aileo-a^^ions of fac^s with supporting evidence which would tend to establish the allegations. Within ten months after receipt of the petition the regulatory authority shall hold a public hearing in the
 * review;

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