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from the area of affected land, including subsurface

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waters above the seam of the coal to be removed and

3 indicating the directional flow of water, constructed

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5

6

7

8

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15

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drainways, natural waterways used for drainage, and

the stream or tributaries receiving or to receive this

discharge;

(H) show the total number of estimated acres involved in the area of affected land;

(I) show the results of test borings which the operator has conducted at the site of the proposed operation and include the nature and depth of the overburden, the quantities and location of subsurface water, the thick

ness of the coal seam, an analysis including acidity of the coal seam, the crop line of the coal seam, and the location of the test boring holes. The information per

taining to test borings, the depth of the overburden, the thickness of the coal seam, the analysis of the coal seam,

the crop line of the coal seam and the location of the

test boring holes shall be deemed confidential informa

tion and not a matter of public record; and

(J) show the date on which the map was prepared,

the north point and the quadrangle sketch, and the ex

act location of the operation.

(d) An application for an original permit, and for any

25 renewal of such permit, shall be accompanied by a certificate

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1 issued by an insurance company authorized to do business in 2 the United States certifying that the applicant has a public 3 liability insurance policy in force for the coal mining opera4 tion for which such permit is sought. Such policy shall 5 provide for personal injury and property damage protection 6 in an amount adequate to compensate the Federal Govern7 ment and persons damaged as a result of coal mining 8 and reclamation operations and entitled to compensation 9 under applicable provisions of State law. Such policy shall 10 be for the term of the permit plus not less than eighteen 11 months thereafter.

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(e) The original application for permit shall be accom13 panied by a fee of $500.

14

(f) (1) The applicant for a permit to conduct a coal 15 mining operation shall submit to the Secretary a copy of 16 his advertisement of the ownership, precise location, and 17 boundaries of the site intended to be mined. Such advertise18 ment shall be placed in a newspaper of general circulation in 19 the locality of the proposed coal mining at least once a week 20 for four successive weeks. In addition, the applicant shall 21 also submit as part of his application copies of letters which 22 he has sent to various local governmental bodies, planning 23 agencies, and sewage and water treatment authorities, or 24 companies, in whose watershed the mining will take place,

14

1 notifying them of his intention to mine a particular tract

2 of land.

3 (2) Any bona fide resident of the area having a valid 4 legal interest which will be affected by the proposed coal 5 mining or the officer or head of any Federal, State, or local 6 governmental agency or authority shall have the right to 7 file written objections to the proposed mining with the 8 Secretary within thirty days after the last publication of the 9 above notice. If written objections are filed, the Secretary 10 shall then hold a public hearing in the locality of the 11 proposed mining within sixty days of the receipt of 12 such objections. The date, time, and location of such public 13 hearing shall be advertised by the Secretary in a newspaper 14 of general circulation in the locality for seven successive 15 days. At this public hearing, the applicant for a permit shall 16 have the burden of establishing that his application is in 17 compliance with the applicable State and Federal laws.

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(3) For the purpose of such hearing, the Secretary, or 19 his designate, may administer oaths, subpena witnesses or 20 written or printed materials, compel attendance of the wit21 nesses, or production of the materials, and take evidence, 22 including but not limited to site inspections of the proposed 23 site and other mining operations carried on by the applicant

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1 in the general vicinity of the proposed mining site. A ver2 batim transcript and complete record of each public hearing 3 shall be ordered by the Secretary.

4 (4) The Secretary, or his designate, shall make his 5 decision on the application for a permit not less than thirty 6 days after the conclusion of the hearing unless all parties to 7 the hearing agree to extend the period.

8

(5) Any bona fide resident of the area having a 9 valid legal interest which will be affected by the proposed 10 coal mining who has participated in the administrative pro11 cedures as an applicant, protestant, or objector, and who is 12 aggrieved by the decision of the Secretary, or his designate, 13 shall have the right of appeal to the Federal district court 14 in whose jurisdiction the proposed coal mining operation 15 is located in accordance with applicable appeal procedures.

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17

APPROVAL OF PERMIT

SEC. 9. (a) Upon the filing of an application as re18 quired in section 8 of this Act, the Secretary shall investigate 19 and may approve or disapprove the application for a permit. 20 No permit application shall be approved unless the Secretary 21 finds on the basis of the information set forth in the applica22 tion or from information available to him, and made avail23 able to the applicant, that the requirements of this Act or

16

1 rules and regulations adopted thereunder will be observed 2 and that there is probable cause to believe that the reclama3 tion of the area of affected land can be achieved.

4 (b) If the Secretary finds that the overburden of any 5 part of the area of land described in the permit application 6 is such that deposits of sediment in streambeds, landslides 7 or acid or mineralized water pollution in violation of State 8 and Federal water quality standards, whichever is higher, 9 cannot feasibly be prevented, he shall delete such part of the 10 land described in the application upon which such overbur11 den exists: Provided, That no such overburden will be 12 removed from slopes greater than 20 degrees from the hori13 zontal, unless the operator can affirmatively demonstrate that 14 sedimentation, landslides, or acid or mineralized water pol15 lution can be feasibly prevented and that the areas can be 16 reclaimed as required by the provisions of this Act. 17 (e) No permit application shall be approved for the 18 purpose of the surface mining of coal of any area of land 19 which is within one hundred feet of any public road, or body 20 of water, stream, pond, or lake to which the public enjoys 21 use and access, or other private property, or to mine any arca 22 of land within one mile of other publicly owned land if 23 mining of the area will adversely affect the publicly owned 24 land.

25 (d) No permit application shall be approved if mining