the area proposed to be mined is not included within an area designated unsuitable for surface coal mining pursuant to
section 1272 of this title or is not within an area under study for such designation in an administrative proceeding commenced pursuant to section 1272(a)(4)(D) or
section 1272(c) of this title (unless in such an area as to which an administrative proceeding has commenced pursuant to
section 1272(a)(4)(D) of this title, the operator making the permit application demonstrates that, prior to
January 1, 1977, he has made substantial legal and financial commitments in relation to the operation for which he is applying for a permit);