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.

[64 FR 70833, Dec. 17, 1999]