MARVIN MANDEL, Governor                                 985

DIRECTOR MAY NOT ISSUE OR RENEW THE LICENSE IF HE
FINDS THAT ANY OFFICER, DIRECTOR, OR PRINCIPAL OWNER
OF THE CORPORATION, PARTNERSHIP, OR ASSOCIATION, HAS
PREVIOUSLY FAILED AND CONTINUES TO FAIL TO COMPLY WITH
ANY OF THE PROVISIONS OF THIS SUBTITLE, OR IF ANY
OFFICER, DIRECTOR, OR PRINCIPAL OWNER IS OR HAS BEEN
AN OFFICER, DIRECTOR, OR PRINCIPAL OWNER OF ANY OTHER
CORPORATION, PARTNERSHIP, OR ASSOCIATION, WHICH HAS
PREVIOUSLY FAILED AND CONTINUES TO FAIL TO COMPLY WITH
ANY OF THE PROVISIONS OF THIS SUBTITLE. THE DIRECTOR
MAY NOT ISSUE OR RENEW ANY LICENSE TO ANY PERSON OR
OPERATOR WHO HAS FORFEITED ANY BOND POSTED IN
CONNECTION WITH STRIP-MINING ACTIVITY IN ANY STATE.
IF THE APPLICANT IS A CORPORATION, PARTNERSHIP, OR
ASSOCIATION, THE DIRECTOR MAY NOT ISSUE OR RENEW THE
LICENSE IF HE FINDS THAT ANY OFFICER, DIRECTOR, OR
PRINCIPAL OWNER OF THE CORPORATION, PARTNERSHIP, OR
ASSOCIATION, HAS PREVIOUSLY FORFEITED ANY BOND POSTED
IN CONNECTION WITH STRIP-MINING ACTIVITY IN ANY STATE.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 661(c) of the Code.
The only changes made are in style.

7-505. OPEN-PIT MINING PERMIT; ACQUISITION PRIOR TO
OPERATION.

(A) APPLICATION.--BEFORE ANY PERSON LICENSED AS

AN OPEN-PIT MINING OPERATOR PROCEEDS TO MINE COAL BY
THE OPEN-PIT METHOD, HE SHALL APPLY FOR A PERMIT ON A
FORM FURNISHED BY THE BUREAU FOR EACH SEPARATE
OPERATION. THE PERMIT IS VALID UNTIL THE OPERATION IS
COMPLETED OR ABANDONED, UNLESS THE DIRECTOR OF THE
BUREAU SUSPENDS IT PRIOR TO THAT TIME.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 662 (a) of the Code.
The only changes made are in style.

(E) BUREAU PROHIBITED TO ISSUE, EXTEND OR RENEW
PERMIT FOR STATE OWNED LAND.—THE BUREAU MAY NOT
ISSUE, EXTEND OR RENEW ANY PERMIT TO MINE COAL BY THE
OPEN-PIT OR STRIP METHOD ON ANY LAND THE STATE OWNS
WHETHER OR NOT THE OWNERSHIP INCLUDES MINERAL RIGHTS
INCIDENT TO THE LAND. IF THE BUREAU'S FAILURE TO
ISSUE, EXTEND OR RENEW A PERMIT INVOLVES TAKING A
PROPERTY RIGHT WITHOUT JUST COMPENSATION IN VIOLATION
OF THE CONSTITUTION OF THE UNITED STATES OR THE
CONSTITUTION OF MARYLAND AND THE GENERAL ASSEMBLY HAS
NOT APPROPRIATED SUFFICIENT FUNDS TO PAY THE
COMPENSATION, THE STATE MAY USE AVAILABLE FUNDS UNDER