§ 38-14.2-02 — Definitions

North Dakota § 38-14.2-02

• Jurisdiction: North Dakota
• Title 38: Mining and Gas and Oil Production
• Ch. 38-14.2: Abandoned Surface Mine Reclamation

Text

For the purpose of this chapter:
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.