30 CFR 761.12 : Mineral Resources (§ 1.1 To Parts 1291-1299) — (§ 700.1 To Parts 1291-1299) — Office Of Surface Mining Reclamation And Enforcement, Department Of The Interior (§ 700.1 To Parts 956-999) — Areas Unsuitable For Mining (§ 761.1 To § 769.19) — Areas Designated By Act Of Congress (§ 761.1 To § 761.200) — Exception for existing operations.

The prohibitions and limitations of § 761.11 do not apply to:

(a) Surface coal mining operations for which a valid permit, issued under Subchapter G of this chapter or an approved State regulatory program, exists when the land comes under the protection of § 761.11. This exception applies only to lands within the permit area as it exists when the land comes under the protection of § 761.11.

(b) With respect to operations subject to Subchapter B of this chapter, lands upon which validly authorized surface coal mining operations exist when the land comes under the protection of 30 U.S.C. 1272(e) or § 761.11.