30 CFR § 761.12 - Exception for existing operations.
---
identifier: "/us/cfr/t30/s761.12"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "30 CFR § 761.12 - Exception for existing operations."
title_number: 30
title_name: "Mineral Resources"
section_number: "761.12"
section_name: "Exception for existing operations."
chapter_name: "OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "F"
subchapter_name: "AREAS UNSUITABLE FOR MINING"
part_number: "761"
part_name: "AREAS DESIGNATED BY ACT OF CONGRESS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "30 U.S.C. 1201"
regulatory_source: "48 FR 41348, Sept. 14, 1983, unless otherwise noted."
cfr_part: "761"
---
# 761.12 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.
[64 FR 70833, Dec. 17, 1999]