§ 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