§ 14-34-1-3 — Purpose of article

It is the purpose of this article to do the
following:
(1) Implement and enforce the federal Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1201 through 1328).
(2) Establish a statewide program to protect society and the
environment from the adverse effects of surface coal mining
operations.
(3) Assure that the rights of surface landowners and other persons
with a legal interest in the land or appurtenances to the land are
fully protected from surface coal mining operations.
(4) Assure that surface mining operations are not conducted
where reclamation as required by this article is not feasible.
(5) Assure that surface coal mining operations are conducted so
as to protect the environment.
(6) Assure that adequate procedures are undertaken to reclaim
surface areas as contemporaneously as possible with the surface
coal mining operations.
(7) Assure that the coal supply essential to the nation's energy
requirements and economic and social well-being is provided and
strike a balance between protection of the environment and
agricultural productivity and the nation's need for coal as an
essential source of energy.
(8) Promote the reclamation of mined areas left without adequate
reclamation before August 3, 1977, and that 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.
(9) Assure that appropriate procedures are provided for the public
participation in the development, revision, and enforcement of
regulations, standards, reclamation plans, or programs established
by the state.
(10) Wherever necessary, exercise the full reach of state
constitutional powers to ensure the protection of the public
interest through effective control of surface coal mining
operations.
[Pre-1995 Recodification Citation: 13-4.1-1-2.]

Legislative History

As added by P.L.1-1995, SEC.27.