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North Dakota Century Code Title 38. Mining and Gas and Oil Production § 38-14.2-07. Commission authorized to administer abandoned mine reclamation program--Objectives--Priorities

Current as of January 01, 2024 | Updated by Findlaw Staff

1. The commission is hereby authorized to develop, administer, and enforce an abandoned mine reclamation program. Expenditure of funds for the projects under this program must reflect priorities in the order stated:

a. The protection of public health, safety, and property from extreme danger resulting from the adverse effects of past coal mining practices, including the restoration of eligible land and water resources and the environment:

(1) Previously degraded by the adverse effects of coal mining practices; and

(2) Located adjacent to a site that has been or will be remediated to protect the public health, safety, and property from extreme danger of adverse effects of coal mining practices.

b. The protection of public health and safety from adverse effects of past coal mining practices which do not constitute an extreme danger, including the restoration of eligible land and water resources and the environment:

(1) Previously degraded by the adverse effects of coal mining practices; and

(2) Located adjacent to a site that has been or will be remediated to protect the public health and safety from adverse effects of coal mining practices.

c. The restoration of eligible land and water resources and the environment previously degraded by adverse effects of past coal mining practices, including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity.

d. The protection, repair, replacement, construction, or enhancement of public water supply facilities, including water distribution facilities and treatment plants adversely affected by coal mining practices.

2. The protection of the public from hazards endangering life and property resulting from the adverse effects of past noncoal mining practices upon certification from the United States secretary of interior as provided in 30 U.S.C. 1240(a). However, upon request by the governor of the state of North Dakota and approval by the secretary of the interior, such work may be undertaken before the priorities related to past coal mining have been fulfilled. Expenditure of funds from the project under this subsection must reflect the priorities in the order stated:

a. The protection of public health, safety, general welfare, and property from the adverse effects of noncoal mining practices.

b. The protection of public health, safety, and general welfare from adverse effects of noncoal mining practices.

c. The restoration of land and water resources and the environment previously degraded by the adverse effects of noncoal mining practices.

3. Funds granted by the secretary of interior under title IV of Public Law No. 95-87 as provided by Public Law No. 117-58 may be used only for the activities described in subsection 1.

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Cite this article: FindLaw.com - North Dakota Century Code Title 38. Mining and Gas and Oil Production § 38-14.2-07. Commission authorized to administer abandoned mine reclamation program--Objectives--Priorities - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-38-mining-and-gas-and-oil-production/nd-cent-code-sect-38-14-2-07/

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