40-10-2 - Purpose.
40-10-2. Purpose.
It is the purpose of this chapter to:
(1) grant to the Board and Division of Oil, Gas, and Mining the necessary authority toassure exclusive jurisdiction over nonfederal lands and cooperative jurisdiction over federal landsin regard to regulation of coal mining and reclamation operations as authorized pursuant to PublicLaw 95-87;
(2) assure that the rights of surface landowners and other persons with a legal interest inthe land or appurtenances thereto are fully protected from these operations;
(3) assure that surface coal mining operations are conducted so as to protect theenvironment, that reclamation occurs as contemporaneously as possible with the operations, andthat operations are not conducted where reclamation as required by this chapter is noteconomically or technologically feasible;
(4) assure that appropriate procedures are provided for the public participation in thedevelopment, revision, and enforcement of rules, standards, reclamation plans, or programsestablished by the state under this chapter;
(5) promote the reclamation of mined areas left without adequate reclamation prior to theeffective date of this chapter and which continue, in their unreclaimed condition, to substantiallydegrade the quality of the environment, prevent or damage the beneficial use of land or waterresources, or endanger the health or safety of the public; and
(6) wherever necessary, exercise the full reach of state constitutional powers to insure theprotection of the public interest through effective control of surface coal mining operations andefficient reclamation of abandoned mines.
Amended by Chapter 219, 1994 General Session