17 1 the area will adversely affect any publicly owned park un2 less screening and other measures approved by the Secretary 3 are used, and the permit application shall so provide. 4 (e) No permit application shall be approved under this 5 Act if 6 7 8 9 10 11 12 23 13 14 15 16 (1) the applicant is presently ineligible to obtain a permit or license to conduct a coal mining surface operation under the law of the State in which the proposed mining is to be conducted; (2) the applicant has had a permit revoked by the Secretary under this Act; or (3) the applicant has violated, and continues to violate, any law, rule, or regulation of the United States, or of any department or agency of the United States, pertaining to coal mining surface operations or reclamation. 17 Any applicant who has had such a State permit or license 18 revoked under State law, or who has been denied such a 19 State permit or license, prior to the effective date of this 20 Act, shall not be precluded, by reason of such revocation or 21 denial, from obtaining a permit under this Act if he is cur22 rently eligible under this Act to receive a permit. Any person 23 who has had a permit revoked by the Secretary under section 24 17 of this Act shall be ineligible to receive any additional 25 permit until the end of the three-year period beginning on 18 1 the date of such revocation and only if the Secretary is satis 2 fied that such person has taken the necessary steps to rectify 3 the situation which gave rise to the revocation. 4 (f) No permit application shall be approved under this 5 Act, if the applicant is a partnership or corporation, if the 6 Secretary finds that any officer, director, or an owner of a 7 majority interest of the partnership or corporation 8 9 10 11 12 13 14 15 16 17 (1) is presently ineligible to obtain a permit or license to conduct a coal mining surface operation under the law of the State in which the proposed mining is to be conducted; (2) has had a permit revoked by the Secretary un der this Act; or (3) has violated, and continues to violate, any law, rule, or regulation of the United States, or of any depart ment or agency of the United States, pertaining to coal mining surface operations or reclamation. 18 Any such applicant with respect to whom any officer, di19 rector, or owner of a majority interest therein has had such 20 a State permit or license revoked under State law, or has 21 been denied such a State permit or license, prior to the effec22 tive date of this Act, shall not be precluded, by reason of 23 such revocation or denial, from obtaining a permit under 24 this Act if it is currently eligible under this Act to receive 25 a permit. Any such applicant with respect to whom any 86-352 0 - 73 - pt. 1 - 3 19 1 officer, director, or owner of a majority interest therein has 2 had a permit revoked by the Secretary under section 17 of 3 this Act shall be ineligible to receive any additional permit 4 until the end of the three-year period beginning on the date 5 of such revocation and only if the Secretary is satisfied that 6 such applicant has taken the necessary steps to rectify the 7 situation which gave rise to the revocation. 8 (g) No permit application shall be approved if the 9 Secretary finds that any officer, director, or an owner of a 10 majority interest of an applicant corporation or partnership 11 is or has been an officer, director, or owner of a majority in12 terest of any other corporation or partnership which 13 345 14 (1) is presently ineligible to obtain a permit or license to conduct a coal mining surface operation under 15 the law of the State in which the proposed mining is to 16 17 18 19 20 21 22 222 be conducted; (2) has had a permit revoked by the Secretary under this Act; or (3) has violated, and continues to violate, any law, rule, or regulation of the United States, or of any department or agency of the United States, pertaining to coal mining surface operations or reclamation. 23 Any such applicant corporation or partnership having such 24 an officer, director, or majority owner who has had such a State permit or license revoked under State law, or who has 20 1 been denied such a State permit or license, prior to the effec 2 tive date of this Act, shall not be precluded, by reason of 3 such revocation or denial, from obtaining a permit under this 4 Act if it is currently eligible to receive such a permit. Any 5 6 7 9 such applicant corporation or partnership having such an offi cer, director, or majority owner who has had a permit revoked by the Secretary under section 17 of this Act shall be ineligible to receive any additional permit until the end of the three-year period beginning on the date of such revo10 cation and only if the Secretary is satisfied that such officer, 11 director, or majority owner has taken the necessary steps to 12 rectify the situation which gave rise to the revocation. 13 15 (h) No permit application shall be approved unless the 14 plan of operation and reclamation required under section 10 of this Act is approved. The Secretary may approve a reclamation plan that complies with the requirements of section 18 of this Act. 16 17 18 19 (i) The Secretary shall notify the applicant by registered mail within forty-five days after the receipt of the 20 complete application, unless a hearing or appeal is in prog21 ress, whether the application has been approved. If the 22 Secretary fails to notify the applicant within the prescribed 23 period, the applicant may request in writing a hearing 24 which shall be held within thirty days after receipt of the 21 1 request. The Secretary shall then render a decision on the 2 application within thirty days after the conclusion of the 3 hearing, unless all parties to the hearing agree to extend 4 the period. 9 5 (j) If the application is approved, the Secretary shall 6 determine the amount of bond per acre that the operator 7 shall furnish before a permit is issued. The amount of bond 8 shall be stated in the notice of approval sent to the applicant. (k) If the application is not approved, the Secretary 10 shall state the reasons for its unacceptability and may pro11 pose modifications, delete areas, or reject it entirely. If the 12 applicant disagrees with the decision of the Secretary he 13 may request in writing a hearing before the Secretary. The 14 Secretary shall hold the hearing within thirty days after 15 receipt of the request. 16 17 18 19 20 21 225 223 RECLAMATION PLAN SEC. 10. A reclamation plan shall include-- (a) a statement (1) of the highest and best use to which the land was put prior to the commencement of surface mining; (2) of the use which is proposed to be made of the land following reclamation; (3) of the manner in which mining operations will be conducted and whatever actions will be taken to prevent adverse en24 vironmental effects; and (4) that proper consideration |