North Dakota Century Code Title 38. Mining and Gas and Oil Production § 38-14.2-02. Definitions

1. “Abandoned mine reclamation plan” means a plan for the reclamation of lands and water adversely affected by past coal mining and noncoal mining practices. The plan must generally identify all areas to be reclaimed in the state of North Dakota, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and the legal authority and programmatic capability to perform such work as required by the Surface Mining Control and Reclamation Act of 1977 [Pub. L. 95-87; 30 U.S.C. 1235].

2. “Abandoned mine reclamation program” means a program established in accordance with this chapter for the reclamation of lands and water adversely affected by past coal mining and noncoal mining practices and includes the abandoned mine reclamation plan, annual projects under the plan, and all other activities necessary in development of the program.

3. “Commission” means the public service commission, or such department, bureau, or commission as may lawfully succeed to the powers and duties of that commission. The commission is the state regulatory authority for all purposes relating to title IV of the Surface Mining Control and Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat. 456; 30 U.S.C. 1231 et seq.].

4. “Extreme danger” means a condition which could reasonably be expected to cause considerable physical harm to persons, property, or the environment and to which persons or improvements on real property are currently exposed.

5. “Fund” means the state abandoned mine reclamation fund to be used in carrying out a program of reclamation of abandoned mine lands pursuant to this chapter.

6. “Noncoal mining” means the mining of metalliferous and nonmetalliferous ores, clay, stone, sand, gravel, scoria, uranium, and other solid materials or substances of commercial value and which have been extracted in solid form from natural deposits on or in the earth, exclusive of coal and those minerals which occur naturally in liquid or gaseous form.

7. “Person” means an individual, partnership, firm, association, society, joint-stock company, company, cooperative, corporation, limited liability company, or other business organization.