3958

VETOES

WHEREAS, Only limited controls over open-pit or strip mining
existed at the time the present State legislation was enacted,
and now more extensive prohibitions and controls over such mining
exist- under the federal Surface Mining and Reclamation Act of
1977 (P.L. 95-87); and

WHEREAS, Open-pit or strip mining will continue to be
subject to the permit and regulatory procedures of the State
Department of Natural Resources and the federal Surface Mining
and Reclamation Act of 1977 (P.L. 95-87); now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

7-505.

(a)  Before any person conducts open-pit mining, he shall
obtain a permit on a form furnished by the Department for each
separate operation. All permits shall require the operator to
comply with all amendments to this subtitle and rules and
regulations adopted pursuant thereto. A permit may not be issued
if the Department determines that reclamation cannot be
accomplished in accordance with the requirements of this subtitle
or rules and regulations adopted pursuant thereto. The permit is
valid for a term not to exceed 5 years, unless the Department
suspends or cancels it prior to that time. If an applicant
demonstrates that a specified longer term is necessary to obtain
financing for equipment and opening the operation, the Department
may grant a permit for such longer term. A permit may be renewed
or amended following a hearing as provided in subsection (d) if
the permit meets the requirements of this subtitle and rules and
regulations adopted pursuant thereto, except that a hearing is
not necessary for the approval of incidental boundary revisions.
A permit may not be transferred or assigned without written
approval from the Department. After 8 months from the date of
federal approval of the State program, a person may not conduct
open-pit mining without obtaining a permit issued pursuant to the
approved State program, except that a person may continue to mine
under a prior permit if an application for a permit is filed
within 2 months following federal approval even if the permit has
not been issued.

(b)  (1) Subject to paragraph (2) of this subsection, 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