1580

LAWS OF MARYLAND

Ch. 589

AN ACT concerning

Open—Pit Mining on State Land

FOR the purpose of authorizing the Secretary of Natural
Resources to issue, extend, or renew an open—pit
mining permit on land the State owns if the mining
would be in conjunction with the reclamation of an
abandoned mine.

BY repealing and reenacting, with amendments,

Article — Natural Resources

Section 7-505(b)

Annotated Code of Maryland

(1974 Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 7-505(b) of Article - Natural
Resources, of the Annotated Code of Maryland (1974
Volume and 1975 Supplement) be and it is hereby repealed
and reenacted, with amendments, to read as follows:

Article — Natural Resources

7-505,

(b) 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, EXCEPT WHEN
THE SECRETARY, WITH THE RECOMMENDATION OF THE LAND
RECLAMATION COMMITTEE AND THE APPROVAL OF THE BOARD OF
PUBLIC WORKS, DETERMINES THAT AN ABANDONED MINE ON STATE
LAND WILL BE RECLAIMED IN CONJUNCTION WITH THE PROPOSED
MINING. 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 Program Open Space to purchase or otherwise pay for
the property rights.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 17, 1976.

CHAPTER 590