Valid Existing Rights

This rule redefines the circumstances under which a person has valid existing rights (VER) to conduct surface coal mining operations on lands listed in section 522(e) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA or ``the Act''). Section 522(e) prohibits or restricts surface coal mining operations on certain lands, including, among other areas, units of the National Park System, Federal lands in national forests, and buffer zones for public parks, public roads, occupied dwellings, and cemeteries. The rule also establishes requirements for submitting and processing requests for VER determinations for those lands. Finally, the rule modifies the exception for existing operations; revises the procedures for compatibility findings for surface coal mining operations on Federal lands in national forests; and establishes requirements governing coal exploration activities on the lands listed in section 522(e) of SMCRA. Adoption of this rule removes all existing suspensions affecting 30 CFR part 761.