2558

LAWS OF MARYLAND

Ch. 740

(1974 Volume and 1979 Supplement)

BY adding to

Article - Natural Resources
Section 7-507(h) and 7-516(e)
Annotated Code of Maryland
(1974 Volume and 1979 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article - Natural Resources

7-501.

(n) "Open-pit mining" or "strip mining" means the
mining or recovery of bituminous coal by removing the strata
or material which overlies or is above the coal deposit or
seam in its natural condition. It includes [auger mining.]
METHODS SUCH AS CONTOUR, AUGER, MOUNTAINTOP REMOVAL, BOX
CUT, OPEN PIT, AND AREA MINING, THE USE OF EXPLOSIVES AND
BLASTING, AND IN SITUS SITU DISTILLATION OR RETORTING,
LEACHING OR OTHER CHEMICAL OR PHYSICAL PROCESSING, AND THE
CLEANING, CONCENTRATING, OR OTHER PROCESSING OR PREPARATION,
LOADING OF COAL AT OR NEAR THE MINE SITE.

7-505.

(b) (1) The Department 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 or except when the Secretary, with the recommendation
of the Land Reclamation Committee and the approval of the
Board of Public Works, determines that the mining could
occur in conjunction with public construction activities
that will disturb the vegetation and topsoil of State land.
If the Department'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.

(2) SUBJECT TO VALID EXISTING RIGHT, AS THAT
TERM IS USED IN THE FEDERAL SURFACE MINING CONTROL AND
RECLAMATION ACT OF 1977, [The] THE Department may not
issue, extend or renew any permit: