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 to
assure exclusive jurisdiction over nonfederal lands and cooperative jurisdiction over federal lands
in regard to regulation of coal mining and reclamation operations as authorized pursuant to Public
Law 95-87;
(2) assure that the rights of surface landowners and other persons with a legal interest in
the land or appurtenances thereto are fully protected from these operations;
(3) assure that surface coal mining operations are conducted so as to protect the
environment, that reclamation occurs as contemporaneously as possible with the operations, and
that operations are not conducted where reclamation as required by this chapter is not
economically or technologically feasible;
(4) assure that appropriate procedures are provided for the public participation in the
development, revision, and enforcement of rules, standards, reclamation plans, or programs
established by the state under this chapter;
(5) promote the reclamation of mined areas left without adequate reclamation prior to the
effective date of this chapter and which continue, in their unreclaimed condition, to substantially
degrade the quality of the environment, prevent or damage the beneficial use of land or water
resources, or endanger the health or safety of the public; and
(6) wherever necessary, exercise the full reach of state constitutional powers to insure the
protection of the public interest through effective control of surface coal mining operations and
efficient reclamation of abandoned mines.
Amended by Chapter 219, 1994 General Session
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Last revised: Thursday, May 28, 2009