§ 15-58-102 — Legislative findings

The General Assembly of the State of Arkansas finds, and it is declared that: (1) (A) The extraction of coal from the earth by surface mining in this state is a significant economic activity, is an integral part of the growth and development of this state, and is important to supply energy to the people of this state. (B) It is, therefore, essential to the people of this state to ensure the existence of an expanding and economically healthy surface and underground coal mining industry; (2) The process of surface coal mining must be accomplished in a manner to reduce so far as practicable the adverse social, economic, and environmental effects of surface mining and to protect the general welfare, health, safety, and property rights of the people of this state; (3) Because surface coal mining in this state takes place in areas where the terrain, climate, biological, chemical, and other physical conditions are peculiar to this state and because the Division of Environmental Quality is familiar with these conditions, the division has the primary responsibility to develop, issue, and enforce rules for surface mining and reclamation operations in this state pursuant to this chapter and in compliance with applicable federal laws, rules, and regulations; (4) (A) The United States Congress has enacted the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, which provides for the establishment of a nationwide program to regulate surface coal mining and reclamation and which vests exclusive authority in the United States Department of the Interior over the regulation of surface coal mining and reclamation within the United States. Section 503 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, provides that each state may assume and retain exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within the state by obtaining approval of a state program of regulation that demonstrates that the state has the capability of carrying out the provisions and meeting the purposes of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87. (B) Section 503 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, further provides that a state wishing to assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within the state must have a state law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87; and (5) (A) The United States Congress has enacted the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, which provides for the establishment of a nationwide program to promote reclamation of mined areas in the country left without adequate reclamation to be funded by a reclamation fee paid by all surface coal mining operators. Section 402 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, provides that each state may develop a state abandoned mine reclamation program to enable the state to develop and carry out projects for the reclamation of abandoned mines within the state. (B) The United States Secretary of the Interior will allocate funds to this state under the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, for the purpose of operating the state abandoned mine reclamation program. (C) Section 405 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, provides that, prior to approval of the state abandoned mine reclamation plan, the state must have adopted state legislation necessary to carry out the purposes of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87.

Legislative History

Amended by Act 2019, No. 315,§ 1171, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3137, eff. 7/1/2019. Acts 1979, No. 134, § 2; A.S.A. 1947, § 52-936; Acts 1999, No. 1164, § 142; 2011, No. 279, § 1.