(a) Obligation. Upon receipt of an administratively complete application for a permit for a surface coal mining operation, or an administratively complete application for revision of the boundaries of a surface coal mining operation permit, the Commission must review the application to determine whether the proposed surface coal mining operation would be located on any lands protected under §12.71(a) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited or Limited).
(b) Criteria for Rejection. The Commission must reject any portion of the application that would locate surface coal mining operations on land protected under §12.71(a) of this title unless:
  (1) the site qualifies for the exception for existing operations under §12.71(b) of this title;
  (2) a person has valid existing rights for the land, as determined under §12.72(c) of this title (relating to Procedures For Compatibility Findings, Public Road Closures and Relocations, Buffer Zones, And Valid Existing Rights Determinations);
  (3) the applicant obtains a waiver or exception from the prohibitions of §12.71(a) of this title in accordance with §12.72(a)-(b) of this title; or
  (4) for lands protected by §12.71(a)(3) of this title, both the Commission and the agency with jurisdiction over the park or place jointly approve the proposed operation in accordance with subsection (d) of this section.
(c) Location verification. If the Commission has difficulty determining whether an application includes land within an area specified in §12.71(a)(1) of this title or within the specified distance from a structure or feature listed in §12.71(a)(6) or (a)(7) of this title, the Commission must request that the federal, state, or local governmental agency with jurisdiction over the protected land, structure, or feature verify the location.
  (1) The request for location verification must:
    (A) include relevant portions of the permit application;
    (B) provide the agency with 30 days after receipt to respond, with a notice that another 30 days is available upon request; and
    (C) specify that the Commission will not necessarily consider a response received after the comment period provided under subparagraph (B) of this paragraph.
  (2) If the agency does not respond in a timely manner, the Commission may make the necessary determination based on available information.
(d) Procedures for joint approval of surface coal mining operations that will adversely affect publicly owned parks or historic places.
  (1) If the Commission determines that the proposed surface coal mining operation will adversely affect any publicly owned park or any place included in the National Register of Historic Places, the Commission must request that the federal, state, or local agency with jurisdiction over the park or place either approve or object to the proposed operation. The request must:
    (A) include a copy of applicable parts of the permit application;
    (B) provide the agency with 30 days after receipt to respond, with a notice that another 30 days is available upon request; and
    (C) state that failure to interpose an objection within the time specified under subparagraph (B) of this paragraph will constitute approval of the proposed operation.
  (2) The Commission may not issue a permit for a proposed operation subject to paragraph (1) of this subsection unless all affected agencies jointly approve.
  (3) Paragraphs (1) and (2) of this subsection do not apply to:
    (A) lands for which a person has valid existing rights, as determined under §12.72(c) of this title; and
    (B) lands within the scope of the exception for existing operations in §12.71(b) of this title.

Source Note: The provisions of this §12.73 adopted to be effective June 9, 2003, 28 TexReg 4412