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H.B. 400 Enrolled
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to regulation of mining operations on state and
10 federal land.
11 Highlighted Provisions:
12 This bill:
13 . provides that political subdivisions of the state do not have the authority to regulate
14 mining operations on state and federal land; and
15 . makes technical corrections.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 40-8-5, as last amended by Laws of Utah 1995, Chapter 299
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 40-8-5 is amended to read:
26 40-8-5. Authority to enforce chapter -- Coordination of procedures -- Department
27 of Environmental Quality.
28 (1) (a) The board and the division have jurisdiction and authority over all persons and
29 property, both public and private, necessary to enforce this chapter.
30 (b) [
31 commission, or agency to administer [
32 land reclamation is withdrawn and the authority is unqualifiedly conferred upon the board and
33 division as provided in this chapter.
34 (c) Nothing in this chapter[
35 a landowner, or [
36 law, to administer lands within the state, to include conditions in [
37 sale, deed, right-of-way, permit, contract, or other instrument, [
39 this chapter.
40 (2) (a) [
41 mined land reclamation procedures separate from those provided for in this chapter, the board
42 and division shall make every effort to have its rules and procedures accepted by the other
43 governing bodies as complying with their respective requirements.
44 (b) [
45 established to minimize the need for operators and prospective operators to [
48 (c) Nothing in this chapter authorizes a political subdivision of the state to impose a
49 condition or restriction on a mining operation located on state or federal land that is not
50 imposed by a federal or state agency on the mining operation.
51 (d) An ordinance or regulation issued by a political subdivision of the state that is more
52 restrictive than a permit issued under this chapter for a mining operation on state or federal
53 land is unenforceable.
54 (3) Nothing in this chapter is intended to abrogate or interfere with [
55 duties of the Department of Environmental Quality.
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