H.B. 400

1

REGULATION OF MINING OPERATIONS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael E. Noel
5 Senate Sponsor: David P. Hinkins
6
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:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 40-8-5, as last amended by Laws of Utah 1995, Chapter 299
23
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) [Any] The delegation of authority to [any other] a state officer, board, division,
31 commission, or agency to administer [any or all other laws] a law of this state relating to mined
32 land reclamation is withdrawn and the authority is unqualifiedly conferred upon the board and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[, however, shall affect in any way] affects the right of [the]
35 a landowner, or [any] a public agency having proprietary authority under other provisions of
36 law, to administer lands within the state, to include conditions in [any] a lease, license, bill of
37 sale, deed, right-of-way, permit, contract, or other instrument, [conditions as appropriate,
38 provided that] if the conditions are consistent with this chapter and the rules adopted under [it]
39 this chapter.
40 (2) (a) [Where] If federal or local laws or regulations require operators to comply with
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) [The objective in coordination is] The provisions of Subsections (2)(a) and (d) are
45 established to minimize the need for operators and prospective operators to [undertake
46 duplicating] comply with duplicative, overlapping, or conflicting [compliance procedures]
47 requirements.
48 (c) Nothing in this chapter authorizes a political subdivision of the state to regulate a
49 mining operation located on state or federal land.
50 (d) An ordinance or regulation issued by a political subdivision of the state that is
51 inconsistent with a permit issued under this chapter for a mining operation on state or federal
52 land is unenforceable.
53 (3) Nothing in this chapter is intended to abrogate or interfere with [any] the powers or
54 duties of the Department of Environmental Quality.

Legislative Review Note
as of 2-23-11 1:48 PM

Office of Legislative Research and General Counsel