1     
MINING OPERATIONS AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Bridger Bolinder

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill addresses regulation of mining operations.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies definition provisions;
13          ▸     addresses judicial review;
14          ▸     amends the process for approval of notice of intentions for large mining operations;
15          ▸     addresses conversion between small and large mining operations;
16          ▸     provides procedures for review of permit orders;
17          ▸     clarifies the process of amending or revising a notice of intention; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          17-41-101, as last amended by Laws of Utah 2023, Chapter 15
26          40-8-4, as last amended by Laws of Utah 2022, Chapter 72
27          40-8-9, as last amended by Laws of Utah 2007, Chapter 322
28          40-8-13, as last amended by Laws of Utah 2013, Chapter 243
29          40-8-14, as last amended by Laws of Utah 2011, Chapter 125
30          40-8-18, as last amended by Laws of Utah 2003, Chapter 35
31     ENACTS:
32          40-8-13.1, Utah Code Annotated 1953
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 17-41-101 is amended to read:
36          17-41-101. Definitions.
37          As used in this chapter:
38          (1) "Advisory board" means:
39          (a) for an agriculture protection area, the agriculture protection area advisory board
40     created as provided in Section 17-41-201;
41          (b) for an industrial protection area, the industrial protection area advisory board
42     created as provided in Section 17-41-201; and
43          (c) for a critical infrastructure materials protection area, the critical infrastructure
44     materials protection area advisory board created as provided in Section 17-41-201.
45          (2) (a) "Agriculture production" means production for commercial purposes of crops,
46     livestock, and livestock products.
47          (b) "Agriculture production" includes the processing or retail marketing of any crops,
48     livestock, and livestock products when more than 50% of the processed or merchandised
49     products are produced by the farm operator.
50          (3) "Agriculture protection area" means a geographic area created under the authority
51     of this chapter that is granted the specific legal protections contained in this chapter.
52          (4) "Applicable legislative body" means:
53          (a) with respect to a proposed agriculture protection area, industrial protection area, or
54     critical infrastructure materials protection area:
55          (i) the legislative body of the county in which the land proposed to be included in the
56     relevant protection area is located, if the land is within the unincorporated part of the county; or
57          (ii) the legislative body of the city or town in which the land proposed to be included in
58     the relevant protection area is located; and
59          (b) with respect to an existing agriculture protection area, industrial protection area, or
60     critical infrastructure materials protection area:
61          (i) the legislative body of the county in which the relevant protection area is located, if
62     the relevant protection area is within the unincorporated part of the county; or
63          (ii) the legislative body of the city or town in which the relevant protection area is
64     located.
65          (5) "Board" means the Board of Oil, Gas, and Mining created in Section 40-6-4.
66          (6) "Critical infrastructure materials" means sand, gravel, or rock aggregate.
67          (7) "Critical infrastructure materials operations" means the extraction, excavation,
68     processing, or reprocessing of critical infrastructure materials.
69          (8) "Critical infrastructure materials operator" means a natural person, corporation,
70     association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or
71     other organization or representative, either public or private, including a successor, assign,
72     affiliate, subsidiary, and related parent company, that:
73          (a) owns, controls, or manages a critical infrastructure materials operation; and
74          (b) has produced commercial quantities of critical infrastructure materials from the
75     critical infrastructure materials operations.
76          (9) "Critical infrastructure materials protection area" means a geographic area created
77     under the authority of this chapter on or after May 14, 2019, that is granted the specific legal
78     protections contained in this chapter.
79          (10) "Crops, livestock, and livestock products" includes:
80          (a) land devoted to the raising of useful plants and animals with a reasonable
81     expectation of profit, including:
82          (i) forages and sod crops;
83          (ii) grains and feed crops;
84          (iii) livestock as defined in Section 59-2-102;
85          (iv) trees and fruits; or
86          (v) vegetables, nursery, floral, and ornamental stock; or
87          (b) land devoted to and meeting the requirements and qualifications for payments or
88     other compensation under a crop-land retirement program with an agency of the state or federal
89     government.
90          (11) "Division" means the Division of Oil, Gas, and Mining created in Section
91     40-6-15.
92          (12) "Industrial protection area" means a geographic area created under the authority of
93     this chapter that is granted the specific legal protections contained in this chapter.
94          (13) "Mine operator" means a natural person, corporation, association, partnership,
95     receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or
96     representative, either public or private, including a successor, assign, affiliate, subsidiary, and
97     related parent company, that, as of January 1, 2019:
98          (a) owns, controls, or manages a mining use under a large mine permit issued by the
99     division or the board; and
100          (b) has produced commercial quantities of a mineral deposit from the mining use.
101          (14) "Mineral deposit" means the same as that term is defined in Section 40-8-4.
102          (15) "Mining protection area" means land where a vested mining use occurs, including
103     each surface or subsurface land or mineral estate that a mine operator with a vested mining use
104     owns or controls.
105          (16) "Mining use":
106          (a) means:
107          (i) the full range of activities, from prospecting and exploration to reclamation and
108     closure, associated with the exploitation of a mineral deposit; and
109          (ii) the use of the surface and subsurface and groundwater and surface water of an area
110     in connection with the activities described in Subsection (16)(a)(i) that have been, are being, or
111     will be conducted; and
112          (b) includes, whether conducted on-site or off-site:
113          (i) any sampling, staking, surveying, exploration, or development activity;
114          (ii) any drilling, blasting, excavating, or tunneling;
115          (iii) the removal, transport, treatment, deposition, and reclamation of overburden,
116     development rock, tailings, and other waste material;
117          (iv) any removal, transportation, extraction, beneficiation, or processing of ore;
118          (v) any smelting, refining, autoclaving, or other primary or secondary processing
119     operation;
120          (vi) the recovery of any mineral left in residue from a previous extraction or processing
121     operation;
122          (vii) a mining activity that is identified in a work plan or permitting document;
123          (viii) the use, operation, maintenance, repair, replacement, or alteration of a building,
124     structure, facility, equipment, machine, tool, or other material or property that results from or is
125     used in a surface or subsurface mining operation or activity;
126          (ix) any accessory, incidental, or ancillary activity or use, both active and passive,
127     including a utility, private way or road, pipeline, land excavation, working, embankment, pond,
128     gravel excavation, mining waste, conveyor, power line, trackage, storage, reserve, passive use
129     area, buffer zone, and power production facility;
130          (x) the construction of a storage, factory, processing, or maintenance facility; and
131          (xi) an activity described in Subsection [40-8-4(17)(a).] 40-8-4(19)(a).
132          (17) (a) "Municipal" means of or relating to a city or town.
133          (b) "Municipality" means a city or town.
134          (18) "New land" means surface or subsurface land or mineral estate that a mine
135     operator gains ownership or control of, whether that land or mineral estate is included in the
136     mine operator's large mine permit.
137          (19) "Off-site" means the same as that term is defined in Section 40-8-4.
138          (20) "On-site" means the same as that term is defined in Section 40-8-4.
139          (21) "Planning commission" means:
140          (a) a countywide planning commission if the land proposed to be included in the
141     agriculture protection area, industrial protection area, or critical infrastructure materials
142     protection area is within the unincorporated part of the county and not within a planning
143     advisory area;
144          (b) a planning advisory area planning commission if the land proposed to be included
145     in the agriculture protection area, industrial protection area, or critical infrastructure materials
146     protection area is within a planning advisory area; or
147          (c) a planning commission of a city or town if the land proposed to be included in the
148     agriculture protection area, industrial protection area, or critical infrastructure materials
149     protection area is within a city or town.
150          (22) "Political subdivision" means a county, city, town, school district, special district,
151     or special service district.
152          (23) "Proposal sponsors" means the owners of land in agricultural production,
153     industrial use, or critical infrastructure materials operations who are sponsoring the proposal
154     for creating an agriculture protection area, industrial protection area, or critical infrastructure
155     materials protection area.
156          (24) "State agency" means each department, commission, board, council, agency,
157     institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
158     unit, bureau, panel, or other administrative unit of the state.
159          (25) "Unincorporated" means not within a city or town.
160          (26) "Vested mining use" means a mining use:
161          (a) by a mine operator; and
162          (b) that existed or was conducted or otherwise engaged in before a political subdivision
163     prohibits, restricts, or otherwise limits a mining use.
164          Section 2. Section 40-8-4 is amended to read:
165          40-8-4. Definitions.
166          As used in this chapter:
167          (1) "Adjudicative proceeding" means:
168          (a) a division or board action or proceeding determining the legal rights, duties,
169     privileges, immunities, or other legal interests of one or more identifiable persons, including
170     actions to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right,
171     permit, or license; or
172          (b) judicial review of a division or board action or proceeding specified in Subsection
173     (1)(a).
174          (2) "Amendment" means a request for an insignificant change to a notice of intention,
175     as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
176     Rulemaking Act.
177          [(2)] (3) "Applicant" means a person who has filed a notice of intent to commence
178     mining operations, or who has applied to the board for a review of a notice or order.
179          [(3)] (4) (a) "Approved notice of intention" means a formally filed notice of intention
180     to commence mining operations, including revisions or amendments to the notice of intention
181     that is approved under Section 40-8-13.
182          (b) An approved notice of intention is not required for small mining operations.
183          [(4)] (5) (a) "Basalt" means fine-grained mafic igneous rock formed in the tertiary or
184     quaternary periods.
185          (b) A Utah Geological Survey published map or a United States Geological Survey
186     published map that classifies material as "basalt" is prima facie evidence that the material
187     meets the requirements of Subsection [(4)(a)] (5)(a). An unmapped area may be classified by a
188     Utah Geological Survey geologist or a professional geologist licensed in the state.
189          [(5)] (6) "Board" means the Board of Oil, Gas, and Mining.
190          [(6)] (7) "Boulder" means a naturally occurring consolidated rock fragment greater than
191     75 millimeters in size that is associated with unconsolidated material and detached from
192     bedrock.
193          [(7)] (8) "Conference" means an informal adjudicative proceeding conducted by the
194     division [or board].
195          [(8)] (9) (a) "Deposit" or "mineral deposit" means an accumulation of mineral matter in
196     the form of consolidated rock, unconsolidated material, solutions, or occurring on the surface,
197     beneath the surface, or in the waters of the land from which any product useful to man may be
198     produced, extracted, or obtained or which is extracted by underground mining methods for
199     underground storage.
200          (b) "Deposit" or "mineral deposit" excludes sand, gravel, rock aggregate, basalt,
201     boulders, water, geothermal steam, and oil and gas as defined in Chapter 6, Board and Division
202     of Oil, Gas, and Mining, but includes oil shale and bituminous sands extracted by mining
203     operations.
204          [(9)] (10) "Development" means the work performed in relation to a deposit following
205     the deposit's discovery but before and in contemplation of production mining operations, aimed
206     at preparing the site for mining operations, defining further the ore deposit by drilling or other
207     means, conducting pilot plant operations, constructing roads or ancillary facilities, and other
208     related activities.
209          [(10)] (11) "Division" means the Division of Oil, Gas, and Mining.
210          [(11)] (12) "Emergency order" means an order issued by the board in accordance with
211     [Title 63G, Chapter 4, Administrative Procedures Act] Section 63G-4-502.
212          [(12)] (13) (a) "Exploration" means surface-disturbing activities conducted for the
213     purpose of:
214          (i) discovering a deposit or mineral deposit;
215          (ii) delineating the boundaries of a deposit or mineral deposit; and
216          (iii) identifying regions or specific areas in which deposits or mineral deposits are most
217     likely to exist.
218          (b) "Exploration" includes:
219          (i) sinking shafts;
220          (ii) tunneling;
221          (iii) drilling holes and digging pits or cuts;
222          (iv) building of roads, and other access ways; and
223          (v) constructing and operating other facilities related to the activities described in this
224     Subsection [(12)(b)] (13)(b).
225          [(13)] (14) "Gravel" means a naturally occurring unconsolidated to moderately
226     consolidated accumulation of rock and mineral particles, the dominant size range being
227     between 4 millimeters and 75 millimeters, that has been deposited by sedimentary processes.
228          [(14)] (15) "Hearing" means a formal adjudicative proceeding conducted by the board
229     under the board's procedural rules.
230          [(15)] (16) (a) "Imminent danger to the health and safety of the public" means the
231     existence of a condition or practice, or a violation of a permit requirement or other requirement
232     of this chapter in a mining operation, which condition, practice, or violation could reasonably
233     be expected to cause substantial physical harm to persons outside the permit area before the
234     condition, practice, or violation can be abated.
235          (b) A reasonable expectation of death or serious injury before abatement exists if a
236     rational person, subjected to the same conditions or practices giving rise to the peril, would not
237     expose the rational person to the danger during the time necessary for abatement.
238          [(16)] (17) (a) "Land affected" means the surface and subsurface of an area within the
239     state where mining operations are being or will be conducted, including:
240          (i) on-site private ways, roads, and railroads;
241          (ii) land excavations;
242          (iii) exploration sites;
243          (iv) drill sites or workings;
244          (v) refuse banks or spoil piles;
245          (vi) evaporation or settling ponds;
246          (vii) stockpiles;
247          (viii) leaching dumps;
248          (ix) placer areas;
249          (x) tailings ponds or dumps; and
250          (xi) work, parking, storage, or waste discharge areas, structures, and facilities.
251          (b) Lands are excluded from Subsection [(16)(a)] (17)(a) that would:
252          (i) be includable as land affected, but which have been reclaimed in accordance with an
253     approved plan, as may be approved by the board; and
254          (ii) include lands in which mining operations have ceased before July 1, 1977.
255          (18) "Large mining operation" means a mining operation that is not a small mining
256     operation and, for purposes of filing a notice of intention, does not include an exploration
257     mining operation.
258          [(17)] (19) (a) "Mining operation" means activities conducted on the surface of the
259     land for the exploration for, development of, or extraction of a mineral deposit, including
260     surface mining and the surface effects of underground and in situ mining, on-site
261     transportation, concentrating, milling, evaporation, and other primary processing.
262          (b) "Mining operation" does not include:
263          (i) the extraction of sand, gravel, rock aggregate, and boulders;
264          (ii) the extraction of basalt for an area not to exceed 50 acres under active surface
265     mining;
266          (iii) the extraction of oil and gas as defined in Chapter 6, Board and Division of Oil,
267     Gas, and Mining;
268          (iv) the extraction of geothermal steam;
269          (v) smelting or refining operations;
270          (vi) off-site operations and transportation;
271          (vii) reconnaissance activities; or
272          (viii) activities that will not cause significant surface resource disturbance or involve
273     the use of mechanized earth-moving equipment, such as bulldozers or backhoes.
274          [(18)] (20) "Notice" means:
275          (a) notice of intention, as defined in this chapter; or
276          (b) written information given to an operator by the division describing compliance
277     conditions at a mining operation.
278          [(19)] (21) "Notice of intention" means a notice to commence mining operations,
279     including revisions to the notice.
280          [(20)] (22) "Off-site" means the land areas that are outside of or beyond the on-site
281     land.
282          [(21)] (23) (a) "On-site" means the surface lands on or under which surface or
283     underground mining operations are conducted.
284          (b) A series of related properties under the control of a single operator, but separated
285     by small parcels of land controlled by others, are considered to be a single site unless an
286     exception is made by the division.
287          [(22)] (24) "Operator" means a natural person, corporation, association, partnership,
288     receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or
289     representative, either public or private, owning, controlling, or managing a mining operation or
290     proposed mining operation.
291          [(23)] (25) "Order" means written information provided by the division or board to an
292     operator or other parties, describing the compliance status of a permit or mining operation.
293          [(24)] (26) "Owner" means a natural person, corporation, association, partnership,
294     receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or
295     representative, either public or private, owning, controlling, or managing a mineral deposit or
296     the surface of lands employed in mining operations.
297          (27) "Permit" means a permit order.
298          [(25)] (28) "Permit area" means the area of land indicated on the approved map
299     submitted by the operator with the application or notice to conduct mining operations.
300          (29) "Permit order" means an action by the division that:
301          (a) (i) approves a notice of intention to commence a large mining operation or revise or
302     amend a large mining operation; or
303          (ii) declares a notice of intention for a large mining operation deficient;
304          (b) (i) accepts as complete a notice of intention to commence a small mining operation
305     or revise or amend a small mining operation; and
306          (ii) approves the amount and form of surety for a notice of intention; or
307          (c) approves a notice of intention to conduct an exploration operation or revise or
308     amend an exploration operation.
309          [(26) "Permit" means a permit or notice to conduct mining operations issued by the
310     division.]
311          [(27)] (30) "Permittee" means a person holding, or who is required by Utah law to
312     hold, a valid permit or notice to conduct mining operations.
313          [(28)] (31) "Person" means an individual, partnership, association, society, joint stock
314     company, firm, company, corporation, or other governmental or business organization.
315          [(29)] (32) "Reclamation" means actions performed during or after mining operations
316     to shape, stabilize, revegetate, or treat the land affected in order to achieve a safe, stable
317     ecological condition and use that is consistent with local environmental conditions.
318          (33) "Review proceeding" means a proceeding under this chapter to address a
319     challenge to a permit order.
320          (34) "Revision" means a request for a change to a notice of intention that is not an
321     amendment to a notice of intention.
322          [(30)] (35) (a) "Rock aggregate" means those consolidated rock materials associated
323     with a sand deposit, a gravel deposit, or a sand and gravel deposit that were created by alluvial
324     sedimentary processes.
325          (b) "Rock aggregate" excludes any solid rock in the form of bedrock, other than basalt,
326     that is exposed at the surface of the earth or overlain by unconsolidated material.
327          [(31)] (36) "Sand" means a naturally occurring unconsolidated to moderately
328     consolidated accumulation of rock and mineral particles, the dominant size range being
329     between .004 millimeters to 4 millimeters, that has been deposited by sedimentary processes.
330          [(32)] (37) "Small mining operations" means mining operations that disturb or will
331     disturb 20 or less surface acres at any given time in an unincorporated area of a county or 10 or
332     less surface acres at any given time in an incorporated area of a county.
333          (38) "Substantive public comment" means a public comment that:
334          (a) is specific to a proposed action;
335          (b) has a direct relationship to the proposed action;
336          (c) includes supporting reasons for the division to consider; and
337          (d) addresses issues that are within the scope of the division's jurisdiction.
338          [(33)] (39) "Unwarranted failure to comply" means the failure of a permittee to prevent
339     the occurrence of a violation of the permit or a requirement of this chapter due to indifference,
340     lack of diligence, or lack of reasonable care, or the failure to abate a violation of the permit or
341     this chapter due to indifference, lack of diligence, or lack of reasonable care.
342          Section 3. Section 40-8-9 is amended to read:
343          40-8-9. Evasion of chapter or orders -- Penalties -- Limitations of actions --
344     Violation of chapter or permit conditions -- Inspection -- Cessation order, abatement
345     notice, or show cause order -- Suspension or revocation of permit -- Review -- Division
346     enforcement authority -- Appeal provisions.
347          (1) (a) A person, owner, or operator who willfully or knowingly evades this chapter, or
348     who for the purpose of evading this chapter or any order issued under this chapter, willfully or
349     knowingly makes or causes to be made any false entry in any report, record, account, or
350     memorandum required by this chapter, or by the order, or who willfully or knowingly omits or
351     causes to be omitted from a report, record, account, or memorandum, full, true, and correct
352     entries as required by this chapter, or by the order, or who willfully or knowingly removes from
353     this state or destroys, mutilates, alters, or falsifies any record, account, or memorandum, is
354     guilty of a class B misdemeanor and, upon conviction, is subject to a fine of not more than
355     $10,000 for each violation.
356          (b) Each day of willful failure to comply with an emergency order is a separate
357     violation.
358          (2) No suit, action, or other proceeding based upon a violation of this chapter, or any
359     rule or order issued under this chapter, may be commenced or maintained unless the suit,
360     action, or proceeding is commenced within five years from the date of the alleged violation.
361          (3) (a) If, on the basis of information available, the division has reason to believe that a
362     person is in violation of a requirement of this chapter or a permit condition required by this
363     chapter, the division shall immediately order inspection of the mining operation at which the
364     alleged violation is occurring, unless the information available to the division is a result of a
365     previous inspection of the mining operation.
366          (b) (i) If, on the basis of an inspection, the division determines that a condition or
367     practice exists, or that a permittee is in violation of a requirement of this chapter or a permit
368     condition required by this chapter, and the condition, practice, or violation also creates an
369     imminent danger to the health or safety of the public, or is causing, or can reasonably be
370     expected to cause significant, imminent environmental harm to land, air, or water resources,
371     the division shall immediately order a cessation of mining and operations or the portion
372     relevant to the condition, practice, or violation.
373          (ii) The cessation order shall remain in effect until the division determines that the
374     condition, practice, or violation has been abated, or until modified, vacated, or terminated by
375     the division.
376          (iii) If the division finds that the ordered cessation of mining operations, or a portion of
377     the operation, will not completely abate the imminent danger to the health or safety of the
378     public or the significant imminent environmental harm to land, air, or water resources, the
379     division shall, in addition to the cessation order, impose affirmative obligations on the operator
380     requiring [him] the operator to take whatever steps the division considers necessary to abate the
381     imminent danger or the significant environmental harm.
382          (c) (i) If, on the basis of an inspection, the division determines that a permittee is in
383     violation of a requirement of this chapter or a permit condition required by this chapter, but the
384     violation does not create an imminent danger to the health or safety of the public or cannot be
385     reasonably expected to cause significant, imminent environmental harm to land, air, or water
386     resources, the division shall issue a notice to the permittee or [his] the permittee's agent
387     specifying a reasonable time, but not more than 90 days, for the abatement of the violation and
388     providing an opportunity for a conference with the division.
389          (ii) If, upon expiration of the period of time as originally fixed or subsequently
390     extended, for good cause shown, and upon the written finding of the division, the division finds
391     that the violation has not been abated, it shall immediately order a cessation of mining
392     operations or the portion of the mining operation relevant to the violation.
393          (iii) The cessation order shall remain in effect until the division determines that the
394     violation has been abated or until modified, vacated, or terminated by the division pursuant to
395     this Subsection (3).
396          (iv) In the order of cessation issued by the division under this Subsection (3), the
397     division shall determine the steps necessary to abate the violation in the most expeditious
398     manner possible and shall include the necessary measures in the order.
399          (d) (i) Notices and orders issued under this section shall set forth with reasonable
400     specificity:
401          (A) the nature of the violation and the remedial action required;
402          (B) the period of time established for abatement; and
403          (C) a reasonable description of the portion of the mining and reclamation operation to
404     which the notice or order applies.
405          (ii) Each notice or order issued under this section shall be given promptly to the
406     permittee or [his] the permittee's agent by the division, and the notices and orders shall be in
407     writing and shall be signed by the director, or [his] the director's authorized representative who
408     issues notices or orders.
409          (iii) A notice or order issued under this section may be modified, vacated, or
410     terminated by the division, but any notice or order issued under this section which requires
411     cessation of mining by the operator shall expire within 30 days of the actual notice to the
412     operator, unless a conference is held with the division.
413          (4) (a) The division may request the attorney general to institute a civil action for relief,
414     including a permanent or temporary injunction, restraining order, or any other appropriate order
415     in the district court for the district in which the mining and reclamation operation is located, or
416     in which the permittee of the operation has [his] the permittee's principal office, if the
417     permittee or [his] the permittee's agent:
418          (i) violates or fails or refuses to comply with an order or decision issued by the division
419     under this chapter;
420          (ii) interferes with, hinders, or delays the division, or its authorized representatives, in
421     carrying out the provisions of this chapter;
422          (iii) refuses to admit the authorized representatives to the mine;
423          (iv) refuses to permit inspection of the mine by the authorized representative; or
424          (v) refuses to furnish any information or report requested by the division in furtherance
425     of the provisions of this chapter.
426          (b) (i) The court shall have jurisdiction to provide the appropriate relief.
427          (ii) Relief granted by the court to enforce an order under Subsection (4)(a)(i) shall
428     continue in effect until the completion or final termination of all proceedings for review of that
429     order under this chapter, unless, prior to this completion or termination, the district court
430     granting the relief sets it aside or modifies the order.
431          (5) (a) (i) A permittee issued a notice or order by the division, pursuant to the
432     provisions of Subsections (3)(b) and (3)(c), or a person having an interest [which] that may be
433     adversely affected by the notice or order, may apply to the board for review of the notice or
434     order within 30 days of receipt of the notice or order, or within 30 days of a modification,
435     vacation, or termination of the notice or order.
436          (ii) Upon receipt of this application, the board shall pursue an investigation as it
437     considers appropriate.
438          (iii) The investigation shall provide an opportunity for a public hearing at the request of
439     the applicant or the person having an interest which is or may be adversely affected, to enable
440     the applicant or that person to present information relating to the issuance and continuance of
441     the notice or order of the modification, vacation, or termination of the notice or order.
442          (iv) The filing of an application for review under this Subsection (5)(a) shall not
443     operate as a stay of an order or notice.
444          (b) (i) The permittee and other interested persons shall be given written notice of the
445     time and place of the hearing at least five days prior to the hearing.
446          (ii) This hearing shall be of record and shall be subject to judicial review.
447          (c) (i) Pending completion of the investigation and hearing required by this section, the
448     applicant may file with the board a written request that the board grant temporary relief from
449     any notice or order issued under this section, with a detailed statement giving the reasons for
450     granting this relief.
451          (ii) The board shall issue an order or decision granting or denying this relief
452     expeditiously.
453          (d) (i) Following the issuance of an order to show cause as to why a permit should not
454     be suspended or revoked pursuant to this section, the board shall hold a public hearing, after
455     giving written notice of the time, place, and date of the hearing.
456          (ii) The hearing shall be of record and shall be subject to judicial review.
457          (iii) Within 60 days following the public hearing, the board shall issue and furnish to
458     the permittee and all other parties to the hearing, a written decision, and the reasons for the
459     decision, regarding suspension or revocation of the permit.
460          (iv) If the board revokes the permit, the permittee shall immediately cease mining
461     operations on the permit area and shall complete reclamation within a period specified by the
462     board, or the board shall declare the performance bonds forfeited for the operation.
463          (e) Action by the board taken under this section or any other provision of the state
464     program shall be subject to judicial review [by the appropriate district court within the state].
465          (6) A criminal proceeding for a violation of this chapter, or a regulation or order issued
466     under this chapter, shall be commenced within five years from the date of the alleged violation.
467          Section 4. Section 40-8-13 is amended to read:
468          40-8-13. Notice of intention required before mining operations -- Assurance of
469     reclamation required in notice of intention -- When contents confidential -- Approval of
470     notice of intention not required for small mining operations -- Procedure for reviewing
471     notice of intention.
472          (1) (a) Before any operator begins mining operations, or continues mining operations
473     pursuant to Section 40-8-23, the operator shall file a notice of intention for each individual
474     mining operation with the division.
475          (b) The notice of intention referred to in Subsection (1)(a) shall include:
476          (i) identification of [all] the owners of any interest in a mineral deposit, including any
477     ownership interest in surface land affected by the notice;
478          (ii) copies of underground and surface mine maps;
479          (iii) locations of drill holes;
480          (iv) accurate area maps of existing and proposed operations; and
481          (v) information regarding the amount of material extracted, moved, or proposed to be
482     moved, relating to the mining operation.
483          (c) The notice of intention for small mining operations shall include a statement that
484     the operator shall conduct reclamation as required by rules promulgated by the board.
485          (d) The notice of intention for large mining operations[, other than small mining
486     operations,] shall include a plan for reclamation of the lands affected as required by rules
487     promulgated by the board.
488          (2) The division may require that the operator rehabilitate, close, or mitigate the
489     impacts of each drill hole, shaft, or tunnel when no longer needed as part of the mining
490     operation.
491          (3) Information provided in the notice of intention, and its attachments relating to the
492     location, size, or nature of the deposit that is marked confidential by the operator shall be
493     protected as confidential information by the board and the division and is not a matter of public
494     record unless the board or division obtains a written release from the operator, or until the
495     mining operation has been terminated as provided in Subsection 40-8-21(2).
496          (4) (a) [Within] Subject to Subsection (6) for large mining operations, within 30 days
497     from the receipt of a notice of intention, the division shall complete its review of the notice of
498     intention and shall make further inquiries, inspections, or examinations that are necessary to
499     properly evaluate the notice of intention.
500          (b) The division shall notify the operator of any objections to the notice of intention
501     and shall grant the operator a reasonable opportunity to take action that may be required to
502     remove the objections or obtain a ruling relative to the objections from the board.
503          (5) Except for the form and amount of surety, an approval of a notice of intention for
504     small mining operations is not required.
505          (6) (a) The notice of intention for large mining operations [other than small mining
506     operations,] shall be reviewed as provided in this Subsection (6).
507          [(a) Within 30 days after receipt of a notice of intention or within 30 days following the
508     last action of the operator or the division on the notice of intention, the division shall make a
509     tentative decision to approve or disapprove the notice of intention.]
510          [(b) The division shall:]
511          [(i) mail the information relating to the land affected and the tentative decision to the
512     operator; and]
513          [(ii) publish the information and the decision, in abbreviated form:]
514          [(A) one time only, in all newspapers of general circulation published in the county
515     where the land affected is situated;]
516          [(B) in a daily newspaper of general circulation in Salt Lake City, Utah; and]
517          [(C) as required in Section 45-1-101.]
518          [(c) The division shall also mail a copy of the abbreviated information and tentative
519     decision to the zoning authority of the county in which the land affected is situated and to the
520     owner of record of the land affected.]
521          [(d) (i) Any person or agency aggrieved by the tentative decision may file a request for
522     agency action with the division.]
523          [(ii) If no requests for agency action are received by the division within 30 days after
524     the last date of publication, the tentative decision on the notice of intention is final and the
525     division shall notify the operator.]
526          [(iii) If written objections of substance are received, the division shall hold an informal
527     adjudicative proceeding.]
528          [(e) This Subsection (6) does not apply to exploration.]
529          (b) (i) Within 30 days after receipt of a notice of intention for a large mining operation,
530     the division shall complete the division's review of the notice of intention for completeness and
531     notify the operator in writing that the notice of intention:
532          (A) is complete because the notice of intention is in a form approved by the division on
533     which the operator provides a substantive response to each applicable request for information;
534     or
535          (B) is incomplete.
536          (ii) If the notice of intention is incomplete, the division shall give the operator a
537     reasonable opportunity to take action required to complete the notice of intention.
538          (c) Within five business days of the day on which the division notifies the operator
539     under Subsection (6)(b) that a notice of intention is complete, the division shall:
540          (i) submit for publication notice of the notice of intention and an opportunity for public
541     comment:
542          (A) one time in the newspapers of general circulation published in the county where
543     the land affected is situated; and
544          (B) one time in a newspaper of general circulation in Salt Lake City, Utah;
545          (ii) publish notice of the notice of intention and an opportunity for public comment:
546          (A) on a public legal notice website as required in Section 45-1-101; and
547          (B) on the division's public website; and
548          (iii) mail notice of the notice of intention to:
549          (A) the zoning authority of the county or municipality where the land affected is
550     situated; and
551          (B) the owner of record of the land affected.
552          (d) (i) The division shall accept public comment on a complete notice of intention for
553     30 days from the day on which notice is posted on the public legal notice website described in
554     Subsection (6)(c)(ii)(A).
555          (ii) The division shall include with a notice published under Subsection (6)(c)(ii), an
556     electronic link by which a person may electronically submit public comment in the form and
557     manner required by rule made by the board in accordance with Title 63G, Chapter 3, Utah
558     Administrative Rulemaking Act.
559          (iii) If a person wants to submit public comment through the mail, the person shall
560     submit the public comment in writing in the form and manner required by rule made by the
561     board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
562          (iv) Only a person, municipality, or county who submits a timely, substantive public
563     comment during the public comment period is eligible to seek intervention in a review
564     proceeding for the division's final permit order on the notice of intention for a large mining
565     operation.
566          (e) (i) Within 15 days after the close of public comment under Subsection (6)(d), the
567     division shall review the public comments received and identify all substantive public
568     comments.
569          (ii) The division shall transmit a copy of the substantive public comments received to
570     the operator and shall file a copy for public inspection at the division.
571          (iii) The division may hold a public meeting to discuss issues raised by public
572     comment.
573          (iv) If the division determines that a public meeting is necessary, the division shall hold
574     the public meeting within 45 days after the end of the period to review public comments under
575     Subsection (6)(d).
576          (f) (i) By no later than 30 days of the later of the following, the division shall take an
577     action described in Subsection (6)(f)(ii):
578          (A) the day on which time period under Subsection (6)(d) for accepting public
579     comment ends; or
580          (B) the day on which the division holds a public hearing under Subsection (6)(e).
581          (ii) By no later than the day described in Subsection (6)(f)(i), the division shall:
582          (A) approve the notice of intention; or
583          (B) provide the operator written notice of any deficiency and grant the operator a
584     reasonable opportunity to take an action that is required to remove the deficiency.
585          (g) Upon approving a notice of intention, the division shall provide the operator notice
586     of the approval and post a permit order approving the notice of intention on the division's
587     public website.
588          (7) An operator may convert a small mining operation to a large mining operation or
589     may convert a large mining operation to a small mining operation by filing a notice of intention
590     with the division requesting the conversion. The division shall review the notice of intention
591     according to the procedures provided in this section for the resulting mining operation.
592          [(7)] (8) Within 30 days after receipt of a notice of intention concerning exploration
593     operations [other than small mining operations], the division will review the notice of intention
594     and approve or disapprove [it] the notice of intention.
595          Section 5. Section 40-8-13.1 is enacted to read:
596          40-8-13.1. Procedures for review of permit orders.
597          (1) As used in this section, "party" means:
598          (a) the division;
599          (b) the operator whose proposed mining operation is at issue in the permit order; or
600          (c) if granted intervention by the board:
601          (i) the municipality or county in which the proposed mining operation at issue in the
602     permit order is located; or
603          (ii) a person.
604          (2) (a) A party may obtain the review of a permit order by filing a petition for review
605     before the board within 30 days after the date on which a permit order is issued.
606          (b) Only a party may file a petition for review of a permit order.
607          (3) (a) A petition for review shall:
608          (i) be filed and served in accordance with the board rules made in accordance with
609     Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
610          (ii) include the party's name, address, and telephone number;
611          (iii) describe the nature and extent of the party's property, financial, or other interest in
612     the review proceeding;
613          (iv) include a statement of the party's contentions, including, as applicable:
614          (A) the legal authority under which the petition for review is requested;
615          (B) the legal authority under which the board has jurisdiction to review the petition for
616     review;
617          (C) a statement setting forth the specific contentions that the party seeks to have
618     litigated in the review proceeding;
619          (D) each of the party's arguments in support of the party's requested relief;
620          (E) a detailed description of any permit condition to which the party is objecting;
621          (F) any modification or addition to a permit order that the party is requesting; and
622          (G) a claim for relief; and
623          (v) for a large mining operation permit order, if the party is not the division or the
624     operator, include a statement and supporting documentation demonstrating that the party timely
625     provided a substantive public comment that is compliant with rules made by the board in
626     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as required by
627     Subsection 40-8-13(6)(d)(iv).
628          (b) A party who files a petition for review may only raise a contention in the party's
629     petition for review or during the review proceeding that:
630          (i) is within the board's jurisdiction;
631          (ii) is supported with information or documentation that:
632          (A) is cited with reasonable specificity; and
633          (B) sufficiently enables the board to fully consider the substance and significance of
634     the issue; and
635          (iii) for a party other than the division or operator and with regard to a large mining
636     operation permit order, the party raised as a substantive public comment.
637          (4) (a) A municipality, county, or other person who is not a party may not participate in
638     a review proceeding under this section unless granted the right to intervene by the board.
639          (b) A municipality, county, or person seeking to intervene in a review proceeding shall
640     file a petition with the board by no later than the sooner of:
641          (i) 15 days of the day on which a petition for review is filed under Subsection (2); or
642          (ii) 30 days after the date on which the permit order is issued if the person submits the
643     petition to intervene under Subsection (4)(c).
644          (c) A person wanting to initiate a review of a permit order who has not been granted
645     intervention by the board shall file a petition to intervene at the same time that the person files
646     a petition for review under Subsections (2) and (3).
647          (d) A petition to intervene shall include:
648          (i) the petitioner's name, address, and telephone number;
649          (ii) the nature and extent of the petitioner's property, financial, or other interest in the
650     review proceeding;
651          (iii) the possible effect of a decision or order that may be entered in the review
652     proceeding on the petitioner's interest described in Subsection (4)(d)(ii);
653          (iv) a statement setting forth the specific contentions that the petitioner seeks to have
654     litigated in the review proceeding;
655          (v) a brief explanation of the basis for the contention and a concise statement of the
656     alleged facts or evidence the petitioner intends to rely on in proving the contention at the
657     hearing; and
658          (vi) a statement of the relief that the petitioner seeks from the board.
659          (e) (i) A petitioner may only raise a contention under Subsection (4)(d) on a matter
660     within the scope of the board's jurisdiction.
661          (ii) A petitioner may only raise a contention under Subsection (4)(d) related to a large
662     mining operation permit order on a matter for which the person raised a substantive public
663     comment.
664          (f) The board shall grant a petition for intervention if the board determines that:
665          (i) the petitioner's legal interests may be substantially affected by the review
666     proceeding; and
667          (ii) the interests of justice and the orderly and prompt conduct of the review
668     proceedings will not be materially impaired by allowing the intervention.
669          (g) (i) The board may delegate the determination of the right to intervene to a hearing
670     examiner in accordance with rules made under Title 63G, Chapter 3, Utah Administrative
671     Rulemaking Act.
672          (ii) A party aggrieved by a hearing examiner determination on a petition for
673     intervention may appeal that determination to the board. The board shall make a determination
674     on the appeal of the petition for intervention before hearing the merits of the case.
675          (5) In a review proceeding, the operator and the division are parties to the review
676     proceeding regardless of who files the petition for review and the operator and division do not
677     need to file a separate petition to intervene.
678          (6) (a) If a petition for review of a permit order is filed under this section, the board
679     shall:
680          (i) within 30 days from the day on which the petition for review is filed schedule:
681          (A) an intervention hearing pursuant to Subsection (4); or
682          (B) an administrative hearing before the board at the next regularly scheduled board
683     public meeting; and
684          (ii) issue the decision of the board by no later than 30 days from the day on which the
685     administrative hearing described in Subsection (6)(a)(i)(B) is held.
686          (b) The board may consolidate two or more petitions for review of a permit order if the
687     board finds that consolidation will aid the just, speedy, and economical determination of the
688     issues presented before the board.
689          (c) The board shall conduct a de novo review of a permit order for which a petition for
690     review has been filed under this section.
691          (7) Review of a permit order is subject to Title 63G, Chapter 4, Administrative
692     Procedures Act, to the extent that the chapter does not conflict with this section.
693          (8) A person shall exhaust administrative remedies under this section before the person
694     may seek judicial review of a permit order.
695          Section 6. Section 40-8-14 is amended to read:
696          40-8-14. Surety requirement -- Liability of small mining operations for failure to
697     reclaim -- Forfeiture of surety.
698          (1) (a) After receiving notification that a notice of intention for mining operations has
699     been approved, but prior to commencement of those operations, the operator shall provide
700     surety to the division, in a form and amount determined by the division or board as provided in
701     this section.
702          (b) In determining the amount of surety under this section, the division may use the
703     average cost of reclamation per acre.
704          (c) The board shall annually establish a figure representing the average cost of
705     reclamation per acre after receiving a presentation from the division concerning the average
706     cost of reclamation per acre and providing opportunity for public comment.
707          (2) (a) Except as provided in Subsection (3), the division shall approve the amount and
708     form of surety.
709          (b) In determining the amount of surety to be provided, the division shall consider:
710          (i) the magnitude, type, and costs of approved reclamation activities planned for the
711     land affected; and
712          (ii) the nature, extent, and duration of operations under the approved notice.
713          (c) The division shall approve a fixed amount estimated to be required to complete
714     reclamation at any point in time covered by the notice of intent.
715          (d) (i) The division shall determine the amount of surety required for notices of
716     intention, by using cost data from current large mining sureties.
717          (ii) The costs shall be adjusted to reflect the nature and scope of activities in the
718     affirmative statement filed under [Subsection 40-8-18(4)] Section 40-8-18.
719          (e) (i) In determining the form of surety to be provided by the operator, the division
720     shall approve a method acceptable to the operator consistent with the requirements of this
721     chapter.
722          (ii) The form of surety that the operator may provide includes, but is not limited to, the
723     following:
724          (A) collateral;
725          (B) a bond or other form of insured guarantee;
726          (C) deposited securities; or
727          (D) cash.
728          (3) (a) If the operator proposes reclamation surety in the form of a written contractual
729     agreement, the board shall approve the form of surety.
730          (b) In making this decision, the board shall consider:
731          (i) the operator's:
732          (A) financial status;
733          (B) assets within the state;
734          (C) past performance in complying with contractual agreements; and
735          (D) facilities available to carry out the planned work;
736          (ii) the magnitude, type, and costs of approved reclamation activities planned for the
737     land affected; and
738          (iii) the nature, extent, and duration of operations under the approved notice.
739          (4) In determining the amount and form of surety to be provided under this section,
740     consideration shall be given to similar requirements made on the operator by landowners,
741     governmental agencies, or others, with the intent that surety requirements shall be coordinated
742     and not duplicated.
743          (5) The liability under surety provisions shall continue until liability, in part, or in its
744     entirety, is released by the division.
745          (6) (a) If the operator of a mining operation, including a small mining operation, fails
746     or refuses to carry out the necessary land reclamation as outlined in the approved notice of
747     intention, the board may, after notice and hearing, declare any surety filed for this purpose
748     forfeited.
749          (b) With respect to the surety filed with the division, the board shall request the
750     attorney general to take the necessary legal action to enforce and collect the amount of liability.
751          (c) If surety or a bond has been filed with the Division of Forestry, Fire, and State
752     Lands, the School and Institutional Trust Lands Administration, or any agency of the federal
753     government, the board shall certify a copy of the transcript of the hearing and transmit it to the
754     agency together with a request that the necessary forfeiture action be taken.
755          (d) The forfeited surety shall be used only for the reclamation of the land to which it
756     relates, and any residual amount returned to the rightful claimant.
757          Section 7. Section 40-8-18 is amended to read:
758          40-8-18. Notice of intention to amend or revise operations -- Procedure.
759          (1) (a) [Since mining operations and related reclamation plans may need to be revised
760     to accommodate changing conditions or new technology, an] An operator conducting mining
761     operations under an approved notice of intention for a large mining operation or a complete
762     notice of intention for a small mining operation shall submit to the division [a] an amended or
763     revised notice of intention when [revising] a change in mining operations will occur.
764          (b) The operator shall submit a notice of intention to amend or revise mining
765     operations [shall be submitted] in the form required by the rules [promulgated] made by the
766     board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
767          [(2) (a) The notice of intention to revise mining operations will be designated as an
768     amendment to the existing notice of intention by the division, based on rules promulgated by
769     the board.]
770          [(b) An]
771          (2) (a) The division shall review and approve or disapprove an amendment of a notice
772     of intention [will be reviewed and considered for approval or disapproval by the division] for a
773     large mining operation within 30 days of receipt of a notice of intention to [revise] amend
774     mining operations.
775          (b) The division shall review and determine that an amendment of a notice of intention
776     for a small mining operation is complete within 30 days of receipt of the notice of intention to
777     amend mining operations.
778          (c) The division is not required to provide for public comment for an amendment of a
779     notice of intention.
780          (3) [(a) A] The division shall process and consider a notice of intention to revise
781     mining operations[, if not designated as an amendment of a notice of intention as set forth in
782     Subsection (2), shall be processed and considered for approval by the division] in the same
783     manner and within the same time period as an original notice of intention.
784          [(b)] (4) The operator [shall be] is authorized and bound by the requirements of the
785     existing notice of intention until the division acts on the amendment or revision [is acted upon]
786     and any revised surety requirements are established and satisfied.
787          [(4) (a) If a change in the operation occurs, a mining operation representative shall
788     submit an amendment to the notice of intention.]
789          [(b)] (5) Although approval of an amendment to the notice of intention by small
790     mining operations is not required, the small mining operator shall file a revised surety [shall be
791     filed by the permittee prior to] before implementing the amended notice of intention.
792          (6) An operator may not use this section to convert a small mining operation to a large
793     mining operation.
794          Section 8. Effective date.
795          This bill takes effect on May 1, 2024.