§ 30:905 — Jurisdiction and powers; rules and regulations

Louisiana § 30:905

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§905. Jurisdiction and powers; rules and regulations
A. The Department of Conservation and Energy, or such persons as may be
designated by the secretary, are hereby designated as the official agency whose duty it is to
administer the regulations and guidelines contained in this Chapter and to institute other
reasonable regulations and guidelines, after notice and public hearing, as may become
necessary pursuant to this Chapter to protect state and private lands from unreasonable
degradation by any operator engaged in surface coal mining operations. Exclusive
jurisdiction over all aspects of surface coal mining and reclamation shall be vested in the
Department of Conservation and Energy. The secretary of natural resources shall be
responsible for the policies of the state relating to the development of the state's lignite
reserves, including the transportation and utilization thereof, and shall formulate plans and
shall advise the governor and the legislature with respect to short and long term policies of
the state concerning the development of the state's lignite reserves, including the
transportation and utilization thereof, and the integration of the development of the state's
lignite reserves into the development of the state's fuel sources. The secretary of the
Department of Conservation and Energy shall establish, for the purpose of avoiding
duplication, a process for coordinating the review and issuance of permits for surface coal
mining and reclamation operations with any other federal or state permit process applicable
to the proposed operations.
B. The authority shall be vested in the secretary, and such other persons as may be
designated by the secretary, to administer and enforce the provisions of this Chapter, and the
secretary shall seek the accomplishment of the purposes of this Chapter by all practicable and
economically feasible methods and in so doing shall have the following duties and powers:
(1) To make those expenditures which he deems necessary to accomplish the
purposes of this Chapter.
(2) To adopt, amend, and issue rules and regulations in accordance with the
requirements of the Administrative Procedure Act, except where the provisions of the
Administrative Procedure Act are in conflict with the provisions of this Chapter, in which
case the provisions of this Chapter and the regulations issued by the secretary pursuant to this
Chapter shall govern, pertaining to surface coal mining and reclamation operations consistent
with the general intent and purposes of this Chapter, including regulations consistent with
regulations issued by the secretary of the Interior pursuant to the Surface Mining Control and
Reclamation Act, as amended as required for the state to assume and retain exclusive
jurisdiction over the regulation of surface coal mining and reclamation operations pursuant
to Section 503 of the Surface Mining Control and Reclamation Act, as amended. The
secretary may issue regulations without public notice and hearing in the event regulations
must be issued to ensure timely action by the state in the assumption or retention by the state
of exclusive jurisdiction over the regulation of surface coal mining and reclamation
operations pursuant to Section 503 of the Surface Mining Control and Reclamation Act, as
amended.
(3) To issue permits pursuant to the provisions herein.
(4) To conduct hearings pursuant to the provisions herein.
(5) To issue or modify orders reasonably necessary or take such actions as are
necessary to carry out the provisions of this Chapter and regulations adopted hereunder.
(6) To receive by gift, grant, donation or otherwise any sum of money, and/or
assistance from any person or the United States, its agencies, the state of Louisiana or any
political subdivision thereof for the enactment and enforcement of this Chapter and the
mining and reclamation of land affected by surface coal mining operations.
(7) To employ such officers, agents, employees, and professional personnel,
including legal counsel, as he deems necessary for the performance of his powers and duties
and prescribe the powers and duties and fix the compensation of such officers, agents,
employees, and professional personnel.
(8) To issue an order, ordering a cessation of surface coal mining and/or reclamation
operations, or revoking the permit of an operator who has failed to comply with an order of
the secretary to take any action required by this Chapter or rules and regulations issued
pursuant to this Chapter. In the event the permit is revoked, the operator's performance bond
or cash or collateral securities shall be forfeited if it is determined that this is necessary to
reclaim the area of land affected by the operator's surface coal mining operation.
(9) To contract, upon terms as the secretary may agree upon, for legal, financial,
engineering, and other professional services necessary to expedite the conduct of the affairs
of the Department of Conservation and Energy, under the provisions of this Act.
(10) To enter into contracts with state boards, agencies and soil and water
conservation districts having expertise for the purposes of obtaining professional and
technical services necessary to implement the provisions of this Chapter.
(11) To exercise discretionary review pursuant to the provisions of this Chapter over
all aspects of surface coal mining and reclamation operations performed within this State.
(12) To personally or through his authorized legal counsel represent the State in all
matters involving or affecting the interest of the State and its residents relative to proceedings
before any federal agencies, offices and congressional committees and in all judicial actions
arising out of the proceedings of such agencies, offices and committees or in relation thereto
and to appear in the courts and before agencies of this State or of other states in order to carry
out the purposes of this Chapter.
(13) To commence and prosecute legal actions as authorized in this Act, including
legal actions against the Secretary of the Interior and the Office of Surface Mining
Reclamation and Enforcement as authorized by this Chapter.
(14) To take those steps necessary to enable the state to participate to the fullest
extent practicable in the Abandoned Mine Reclamation Program provided in Title IV of the
Surface Mining Control and Reclamation Act, as amended, 30 U.S.C. 1201 et seq.
C. A rule, regulation or order, or any amendment thereof, adopted by the secretary
may differ in its terms and provisions as between particular conditions, particular mining
techniques, particular areas of the state or any other conditions that appear relevant and
necessary so long as the action taken is consistent with the attainment of the general intent
and purpose of this Chapter. In adopting rules, regulations and orders the secretary shall give
due recognition to the fact that although certain surface coal mining and reclamation
operations may cause a need for particular regulatory control in one area of the state, such
control may not be necessary or desirable for another area of the state due to the unique
characteristics of each type of surface mining and the various economic and environmental
factors relating to same, and the secretary shall take into account, in this connection, all
factors found by him to be proper and just, including the existing climatology, topography,
vegetation and all other physical conditions, populations, mining and reclamation techniques,
the economic and social impact of the proposed rule, regulation or order, and the fact that the
rule, regulation or order and the degrees of conformance therewith which may be proper as
to one area of the state may not be proper or practicable as to another area of the state.

Legislative History

Acts 1978, No. 406, §1. Amended by Acts 1980, No. 121, §1, eff. June 27, 1980. Acts 1983, No. 573, §1; Acts 2008, No. 278, §1; Acts 2023, No. 150, §5, eff. Jan. 10, 2024; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.