Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Subchapter 2.2 - Areas Unsuitable for Mining › Rule 11-8-2.2-11 - Areas Designated by Act of Congress › Section 11-8-2.2-11-1106 - Submission and Processing of Requests for Valid Existing Rights Determinations

Current through June 25, 2024
(a) The Permit
					 Board shall have the authority to determine valid existing rights for
					 non-federal lands listed in 30 CFR § 761.11,
					 30 U.S.C.
					 1272(e), Miss. Code Ann.
					 §
											53-9-71,
					 or § 1105 of these regulations. Pursuant to federal law, OSM retains the
					 authority to determine valid existing rights for federal lands described listed
					 in 30 U.S.C. § 1272(e)(1) and (2) and 30 CFR § 761.11(a) and (b), and
					 the Permit Board will use the valid existing rights determination of OSM in
					 considering permit issuance for operations that would affect those federal
					 lands.
(b) What you must submit as
					 part of a request for a valid existing rights determination. You must submit a
					 request for a valid existing rights determination to the appropriate agency
					 under paragraph (a) of this section if you intend to conduct surface coal
					 mining operations on the basis of valid existing rights or wish to confirm the
					 right to do so.
(c) When the Permit
					 Board is the appropriate agency under paragraph (a), you may submit this
					 request before preparing and submitting an application for a permit or boundary
					 revision for the land with a request that the Permit Board make a valid rights
					 determination prior to receiving a complete application to conduct surface
					 mining operations or to issue a permit revision or modification. Unless you
					 request that the valid existing rights determination be made prior to the
					 receipt of a complete application, the valid existing rights determination will
					 be made by the permit board after the receipt of a complete application
					 pursuant to § 1107(a) of these regulations.
(1) Requirements for property rights
					 demonstration. You must provide a property rights demonstration under paragraph
					 (a) of the definition of valid existing rights in § 105 if your request
					 relies upon the good faith/all permits standard or the needed for and adjacent
					 standard in paragraph (b) of the definition of valid existing rights in §
					 105. This demonstration must include the following items:
(i) A legal description of the land to which
					 your request pertains.
(ii)
					 Complete documentation of the character and extent of your current interests in
					 the surface and mineral estates of the land to which your request
					 pertains.
(iii) A complete chain of
					 title for the surface and mineral estates of the land to which your request
					 pertains.
(iv) A description of the
					 nature and effect of each title instrument that forms the basis for your
					 request, including any provision pertaining to the type or method of mining or
					 mining-related surface disturbances and facilities.
(v) A description of the type and extent of
					 surface coal mining operations that you claim the right to conduct, including
					 the method of mining, any mining-related surface activities and facilities, and
					 an explanation of how those operations would be consistent with Mississippi
					 property law.
(vi) Complete
					 documentation of the nature and ownership, as of the date that the land came
					 under the protection of 30 CFR § 761.11,
					 30 U.S.C.
					 1272(e), Miss. Code Ann.
					 §
													53-9-71,
					 or § 1105 of these regulations, of all property rights for the surface and
					 mineral estates of the land to which your request pertains.
(vii) Names and addresses of the current
					 owners of the surface and mineral estates of the land to which your request
					 pertains.
(viii) If the coal
					 interests have been severed from other property interests, documentation that
					 you have notified and provided reasonable opportunity for the owners of other
					 property interests in the land to which your request pertains to comment on the
					 validity of your property rights claims.
(ix) Any comments that you receive in
					 response to the notification provided under paragraph (b)(1)(viii) of this
					 section.