1     
MINING OPERATIONS AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steven J. Lund

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill excludes boulders from certain mining definitions.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies definitions to exclude boulders or the extraction of boulders; and
13          ▸     makes technical changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          17-41-101, as last amended by Laws of Utah 2021, Chapter 39
21          40-8-4, as last amended by Laws of Utah 2021, Chapter 39
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 17-41-101 is amended to read:
25          17-41-101. Definitions.
26          As used in this chapter:
27          (1) "Advisory board" means:
28          (a) for an agriculture protection area, the agriculture protection area advisory board
29     created as provided in Section 17-41-201;

30          (b) for an industrial protection area, the industrial protection area advisory board
31     created as provided in Section 17-41-201; and
32          (c) for a critical infrastructure materials protection area, the critical infrastructure
33     materials protection area advisory board created as provided in Section 17-41-201.
34          (2) (a) "Agriculture production" means production for commercial purposes of crops,
35     livestock, and livestock products.
36          (b) "Agriculture production" includes the processing or retail marketing of any crops,
37     livestock, and livestock products when more than 50% of the processed or merchandised
38     products are produced by the farm operator.
39          (3) "Agriculture protection area" means a geographic area created under the authority
40     of this chapter that is granted the specific legal protections contained in this chapter.
41          (4) "Applicable legislative body" means:
42          (a) with respect to a proposed agriculture protection area, industrial protection area, or
43     critical infrastructure materials protection area:
44          (i) the legislative body of the county in which the land proposed to be included in the
45     relevant protection area is located, if the land is within the unincorporated part of the county; or
46          (ii) the legislative body of the city or town in which the land proposed to be included in
47     the relevant protection area is located; and
48          (b) with respect to an existing agriculture protection area, industrial protection area, or
49     critical infrastructure materials protection area:
50          (i) the legislative body of the county in which the relevant protection area is located, if
51     the relevant protection area is within the unincorporated part of the county; or
52          (ii) the legislative body of the city or town in which the relevant protection area is
53     located.
54          (5) "Board" means the Board of Oil, Gas, and Mining created in Section 40-6-4.
55          (6) "Critical infrastructure materials" means sand, gravel, or rock aggregate.
56          (7) "Critical infrastructure materials operations" means the extraction, excavation,
57     processing, or reprocessing of critical infrastructure materials.

58          (8) "Critical infrastructure materials operator" means a natural person, corporation,
59     association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or
60     other organization or representative, either public or private, including a successor, assign,
61     affiliate, subsidiary, and related parent company, that:
62          (a) owns, controls, or manages a critical infrastructure materials operation; and
63          (b) has produced commercial quantities of critical infrastructure materials from the
64     critical infrastructure materials operations.
65          (9) "Critical infrastructure materials protection area" means a geographic area created
66     under the authority of this chapter on or after May 14, 2019, that is granted the specific legal
67     protections contained in this chapter.
68          (10) "Crops, livestock, and livestock products" includes:
69          (a) land devoted to the raising of useful plants and animals with a reasonable
70     expectation of profit, including:
71          (i) forages and sod crops;
72          (ii) grains and feed crops;
73          (iii) livestock as defined in Section 59-2-102;
74          (iv) trees and fruits; or
75          (v) vegetables, nursery, floral, and ornamental stock; or
76          (b) land devoted to and meeting the requirements and qualifications for payments or
77     other compensation under a crop-land retirement program with an agency of the state or federal
78     government.
79          (11) "Division" means the Division of Oil, Gas, and Mining created in Section
80     40-6-15.
81          (12) "Industrial protection area" means a geographic area created under the authority of
82     this chapter that is granted the specific legal protections contained in this chapter.
83          (13) "Mine operator" means a natural person, corporation, association, partnership,
84     receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or
85     representative, either public or private, including a successor, assign, affiliate, subsidiary, and

86     related parent company, that, as of January 1, 2019:
87          (a) owns, controls, or manages a mining use under a large mine permit issued by the
88     division or the board; and
89          (b) has produced commercial quantities of a mineral deposit from the mining use.
90          (14) "Mineral deposit" means the same as that term is defined in Section 40-8-4.
91          (15) "Mining protection area" means land where a vested mining use occurs, including
92     each surface or subsurface land or mineral estate that a mine operator with a vested mining use
93     owns or controls.
94          (16) "Mining use":
95          (a) means:
96          (i) the full range of activities, from prospecting and exploration to reclamation and
97     closure, associated with the exploitation of a mineral deposit; and
98          (ii) the use of the surface and subsurface and groundwater and surface water of an area
99     in connection with the activities described in Subsection (16)(a)(i) that have been, are being, or
100     will be conducted; and
101          (b) includes, whether conducted on-site or off-site:
102          (i) any sampling, staking, surveying, exploration, or development activity;
103          (ii) any drilling, blasting, excavating, or tunneling;
104          (iii) the removal, transport, treatment, deposition, and reclamation of overburden,
105     development rock, tailings, and other waste material;
106          (iv) any removal, transportation, extraction, beneficiation, or processing of ore;
107          (v) any smelting, refining, autoclaving, or other primary or secondary processing
108     operation;
109          (vi) the recovery of any mineral left in residue from a previous extraction or processing
110     operation;
111          (vii) a mining activity that is identified in a work plan or permitting document;
112          (viii) the use, operation, maintenance, repair, replacement, or alteration of a building,
113     structure, facility, equipment, machine, tool, or other material or property that results from or is

114     used in a surface or subsurface mining operation or activity;
115          (ix) any accessory, incidental, or ancillary activity or use, both active and passive,
116     including a utility, private way or road, pipeline, land excavation, working, embankment, pond,
117     gravel excavation, mining waste, conveyor, power line, trackage, storage, reserve, passive use
118     area, buffer zone, and power production facility;
119          (x) the construction of a storage, factory, processing, or maintenance facility; and
120          (xi) [any] an activity described in Subsection 40-8-4[(16)](17)(a).
121          (17) (a) "Municipal" means of or relating to a city or town.
122          (b) "Municipality" means a city or town.
123          (18) "New land" means surface or subsurface land or mineral estate that a mine
124     operator gains ownership or control of, whether that land or mineral estate is included in the
125     mine operator's large mine permit.
126          (19) "Off-site" means the same as that term is defined in Section 40-8-4.
127          (20) "On-site" means the same as that term is defined in Section 40-8-4.
128          (21) "Planning commission" means:
129          (a) a countywide planning commission if the land proposed to be included in the
130     agriculture protection area, industrial protection area, or critical infrastructure materials
131     protection area is within the unincorporated part of the county and not within a planning
132     advisory area;
133          (b) a planning advisory area planning commission if the land proposed to be included
134     in the agriculture protection area, industrial protection area, or critical infrastructure materials
135     protection area is within a planning advisory area; or
136          (c) a planning commission of a city or town if the land proposed to be included in the
137     agriculture protection area, industrial protection area, or critical infrastructure materials
138     protection area is within a city or town.
139          (22) "Political subdivision" means a county, city, town, school district, local district, or
140     special service district.
141          (23) "Proposal sponsors" means the owners of land in agricultural production,

142     industrial use, or critical infrastructure materials operations who are sponsoring the proposal
143     for creating an agriculture protection area, industrial protection area, or critical infrastructure
144     materials protection area.
145          (24) "State agency" means each department, commission, board, council, agency,
146     institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
147     unit, bureau, panel, or other administrative unit of the state.
148          (25) "Unincorporated" means not within a city or town.
149          (26) "Vested mining use" means a mining use:
150          (a) by a mine operator; and
151          (b) that existed or was conducted or otherwise engaged in before a political subdivision
152     prohibits, restricts, or otherwise limits a mining use.
153          Section 2. Section 40-8-4 is amended to read:
154          40-8-4. Definitions.
155          As used in this chapter:
156          (1) "Adjudicative proceeding" means:
157          (a) a division or board action or proceeding determining the legal rights, duties,
158     privileges, immunities, or other legal interests of one or more identifiable persons, including
159     actions to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right,
160     permit, or license; or
161          (b) judicial review of a division or board action or proceeding specified in Subsection
162     (1)(a).
163          (2) "Applicant" means a person who has filed a notice of intent to commence mining
164     operations, or who has applied to the board for a review of a notice or order.
165          (3) (a) "Approved notice of intention" means a formally filed notice of intention to
166     commence mining operations, including revisions to the notice of intention that is approved
167     under Section 40-8-13.
168          (b) An approved notice of intention is not required for small mining operations.
169          (4) (a) "Basalt" means fine-grained mafic igneous rock formed in the tertiary or

170     quaternary periods.
171          (b) A Utah Geological Survey published map or a United States Geological Survey
172     published map that classifies material as "basalt" is prima facie evidence that the material
173     meets the requirements of Subsection (4)(a). An unmapped area may be classified by a Utah
174     Geological Survey geologist or a professional geologist licensed in the state.
175          (5) "Board" means the Board of Oil, Gas, and Mining.
176          (6) "Boulder" means a naturally occurring consolidated rock fragment greater than 75
177     millimeters in size that is associated with unconsolidated material and detached from bedrock.
178          [(6)] (7) "Conference" means an informal adjudicative proceeding conducted by the
179     division or board.
180          [(7)] (8) (a) "Deposit" or "mineral deposit" means an accumulation of mineral matter in
181     the form of consolidated rock, unconsolidated material, solutions, or occurring on the surface,
182     beneath the surface, or in the waters of the land from which any product useful to man may be
183     produced, extracted, or obtained or which is extracted by underground mining methods for
184     underground storage.
185          (b) "Deposit" or "mineral deposit" excludes sand, gravel, rock aggregate, basalt,
186     boulders, water, geothermal steam, and oil and gas as defined in Chapter 6, Board and Division
187     of Oil, Gas, and Mining, but includes oil shale and bituminous sands extracted by mining
188     operations.
189          [(8)] (9) "Development" means the work performed in relation to a deposit following
190     the deposit's discovery but before and in contemplation of production mining operations, aimed
191     at preparing the site for mining operations, defining further the ore deposit by drilling or other
192     means, conducting pilot plant operations, constructing roads or ancillary facilities, and other
193     related activities.
194          [(9)] (10) "Division" means the Division of Oil, Gas, and Mining.
195          [(10)] (11) "Emergency order" means an order issued by the board in accordance with
196     Title 63G, Chapter 4, Administrative Procedures Act.
197          [(11)] (12) (a) "Exploration" means surface-disturbing activities conducted for the

198     purpose of:
199          (i) discovering a deposit or mineral deposit;
200          (ii) delineating the boundaries of a deposit or mineral deposit; and
201          (iii) identifying regions or specific areas in which deposits or mineral deposits are most
202     likely to exist.
203          (b) "Exploration" includes:
204          (i) sinking shafts;
205          (ii) tunneling;
206          (iii) drilling holes and digging pits or cuts;
207          (iv) building of roads, and other access ways; and
208          (v) constructing and operating other facilities related to the activities described in this
209     Subsection [(11)] (12)(b).
210          [(12)] (13) "Gravel" means a naturally occurring unconsolidated to moderately
211     consolidated accumulation of rock and mineral particles, the dominant size range being
212     between 4 millimeters and 75 millimeters, that has been deposited by sedimentary processes.
213          [(13)] (14) "Hearing" means a formal adjudicative proceeding conducted by the board
214     under the board's procedural rules.
215          [(14)] (15) (a) "Imminent danger to the health and safety of the public" means the
216     existence of a condition or practice, or a violation of a permit requirement or other requirement
217     of this chapter in a mining operation, which condition, practice, or violation could reasonably
218     be expected to cause substantial physical harm to persons outside the permit area before the
219     condition, practice, or violation can be abated.
220          (b) A reasonable expectation of death or serious injury before abatement exists if a
221     rational person, subjected to the same conditions or practices giving rise to the peril, would not
222     expose the rational person to the danger during the time necessary for abatement.
223          [(15)] (16) (a) "Land affected" means the surface and subsurface of an area within the
224     state where mining operations are being or will be conducted, including:
225          (i) on-site private ways, roads, and railroads;

226          (ii) land excavations;
227          (iii) exploration sites;
228          (iv) drill sites or workings;
229          (v) refuse banks or spoil piles;
230          (vi) evaporation or settling ponds;
231          (vii) stockpiles;
232          (viii) leaching dumps;
233          (ix) placer areas;
234          (x) tailings ponds or dumps; and
235          (xi) work, parking, storage, or waste discharge areas, structures, and facilities.
236          (b) Lands are excluded from Subsection [(15)] (16)(a) that would:
237          (i) be includable as land affected, but which have been reclaimed in accordance with an
238     approved plan, as may be approved by the board; and
239          (ii) include lands in which mining operations have ceased before July 1, 1977.
240          [(16)] (17) (a) "Mining operation" means activities conducted on the surface of the
241     land for the exploration for, development of, or extraction of a mineral deposit, including
242     surface mining and the surface effects of underground and in situ mining, on-site
243     transportation, concentrating, milling, evaporation, and other primary processing.
244          (b) "Mining operation" does not include:
245          (i) the extraction of sand, gravel, [and] rock aggregate, and boulders;
246          (ii) the extraction of basalt for an area not to exceed 50 acres under active surface
247     mining;
248          (iii) the extraction of oil and gas as defined in Chapter 6, Board and Division of Oil,
249     Gas, and Mining;
250          (iv) the extraction of geothermal steam;
251          (v) smelting or refining operations;
252          (vi) off-site operations and transportation;
253          (vii) reconnaissance activities; or

254          (viii) activities that will not cause significant surface resource disturbance or involve
255     the use of mechanized earth-moving equipment, such as bulldozers or backhoes.
256          [(17)] (18) "Notice" means:
257          (a) notice of intention, as defined in this chapter; or
258          (b) written information given to an operator by the division describing compliance
259     conditions at a mining operation.
260          [(18)] (19) "Notice of intention" means a notice to commence mining operations,
261     including revisions to the notice.
262          [(19)] (20) "Off-site" means the land areas that are outside of or beyond the on-site
263     land.
264          [(20)] (21) (a) "On-site" means the surface lands on or under which surface or
265     underground mining operations are conducted.
266          (b) A series of related properties under the control of a single operator, but separated
267     by small parcels of land controlled by others, are considered to be a single site unless an
268     exception is made by the division.
269          [(21)] (22) "Operator" means a natural person, corporation, association, partnership,
270     receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or
271     representative, either public or private, owning, controlling, or managing a mining operation or
272     proposed mining operation.
273          [(22)] (23) "Order" means written information provided by the division or board to an
274     operator or other parties, describing the compliance status of a permit or mining operation.
275          [(23)] (24) "Owner" means a natural person, corporation, association, partnership,
276     receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or
277     representative, either public or private, owning, controlling, or managing a mineral deposit or
278     the surface of lands employed in mining operations.
279          [(24)] (25) "Permit area" means the area of land indicated on the approved map
280     submitted by the operator with the application or notice to conduct mining operations.
281          [(25)] (26) "Permit" means a permit or notice to conduct mining operations issued by

282     the division.
283          [(26)] (27) "Permittee" means a person holding, or who is required by Utah law to
284     hold, a valid permit or notice to conduct mining operations.
285          [(27)] (28) "Person" means an individual, partnership, association, society, joint stock
286     company, firm, company, corporation, or other governmental or business organization.
287          [(28)] (29) "Reclamation" means actions performed during or after mining operations
288     to shape, stabilize, revegetate, or treat the land affected in order to achieve a safe, stable
289     ecological condition and use that is consistent with local environmental conditions.
290          [(29)] (30) (a) "Rock aggregate" means those consolidated rock materials associated
291     with a sand deposit, a gravel deposit, or a sand and gravel deposit that were created by alluvial
292     sedimentary processes.
293          (b) "Rock aggregate" excludes any solid rock in the form of bedrock, other than basalt,
294     that is exposed at the surface of the earth or overlain by unconsolidated material.
295          [(30)] (31) "Sand" means a naturally occurring unconsolidated to moderately
296     consolidated accumulation of rock and mineral particles, the dominant size range being
297     between .004 millimeters to 4 millimeters, that has been deposited by sedimentary processes.
298          [(31)] (32) "Small mining operations" means mining operations that disturb or will
299     disturb 20 or less surface acres at any given time in an unincorporated area of a county or 10 or
300     less surface acres at any given time in an incorporated area of a county.
301          [(32)] (33) "Unwarranted failure to comply" means the failure of a permittee to prevent
302     the occurrence of a violation of the permit or a requirement of this chapter due to indifference,
303     lack of diligence, or lack of reasonable care, or the failure to abate a violation of the permit or
304     this chapter due to indifference, lack of diligence, or lack of reasonable care.