Section 11 AAC 90.122 - Areas designated by acts of Congress Coal mining and reclamation operations may not be conducted on the following lands unless there are valid existing rights, as determined under 11 AAC 90.139, or where valid existing rights determinations for land are not required because an existing operation meets the requirements of 11 AAC 90.123:
(1) any lands protected under AS 27.21.260(d);(2) any federal lands within a national forest; this prohibition does not apply if the United States Secretary of Agriculture(A) finds that there are no significant recreational, timber, economic, or other values that may be incompatible with surface coal mining operations; and(B) finds, in addition, that (i) any surface operations and impacts will be incidental to an underground coal mine; or(ii) with respect to lands that do not have significant forest cover within a national forest west of the 100th meridian, that surface mining is in compliance with 16 U.S.C. 528- 531 (Multiple-Use Sustained Yield Act of - 1960), 30 U.S.C. 201- 209 (Federal Coal Leasing Amendments Act of 1975), and 16 U.S.C. 1600- 1614 (National Forest Management Act of 1976), and 30 U.S.C. 1201- 1328 (Surface Mining Control and Reclamation Act of 1977).Eff. 7/7/2022, Register 243, October 2022Authority:AS 27.21.030
AS 27.21.260