§ 38-14.2-03 — Powers and duties of the commission

North Dakota § 38-14.2-03

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

Text

The commission:
1. Shall develop an abandoned mine reclamation plan.
2. Shall submit such applications, abandoned mine reclamation plan, projects, and
reports necessary to accomplish the purposes of this chapter, and to accomplish the
purposes of title IV of Public Law 95-87 [91 Stat. 456; 30 U.S.C. 1231 et seq.].
3. Shall include in each annual request for projects the following information:

a. A general description of each proposed project;
b. A priority evaluation of each proposed project;
c. A statement of the estimated benefits in such terms as number of acres
[hectares] restored, miles [kilometers] of stream improved, acres [hectares] of
surface lands protected from subsidence, population protected from subsidence,
air pollution, and hazards of mine and coal refuse disposal area fires;
d. An estimate of the cost for each proposed project;
e. In the case of proposed research and demonstration projects, a description of the
specific techniques to be evaluated or objective to be attained;
f. An identification of lands or interest therein to be acquired and the estimated cost;
g. In each year after the first in which a plan is filed under this chapter, an inventory
of each project funded under the previous year's grant, which inventory must
include details of financial expenditures on such project together with a brief
description of each project, including project locations, landowner's name,
acreage [hectarage], type of reclamation performed; and
h. Other information as prescribed by the commission.
4. Shall include the following costs in each proposed project:
a. Actual construction costs;
b. Actual operation and maintenance costs of permanent facilities;
c. Planning and engineering costs;
d. Construction inspection costs; and
e. Other necessary administrative expenses.
5. May request and accept grants of funds or services or transfer such funds or services
for the implementation of the purposes of this chapter and of title IV of Public Law
95-87 [91 Stat. 456; 30 U.S.C. 1231 et seq.].
6. May enter any property without a warrant for the purpose of conducting studies to
determine the existence of adverse effects of past coal mining and noncoal mining
practices.
7. May enter and lease or acquire land adversely affected by past coal mining or noncoal
mining practices for the purpose of reclaiming such lands pursuant to this chapter.
8. May engage in cooperative projects under this chapter with any federal or state
agency.
9. May engage in any work and do all things necessary or expedient, including the
promulgation of regulations for all provisions of this chapter, to implement and
administer the provisions of this chapter and of title IV of Public Law 95-87 [91 Stat.
456; 30 U.S.C. 1231 et seq.], and to develop and implement an abandoned mine
reclamation program.
10. May initiate, in addition to any other remedies provided for in this chapter, in any court
of competent jurisdiction, an action in equity for an injunction (either temporary or
permanent) to restrain any interference with the exercise of the right to enter or to
conduct any work provided for in this chapter.
11. May require, by contractual agreement with the appropriate persons, the extraction of
any remaining coal deposits in areas reclaimed under this chapter, in order to
maximize resource recovery. The commission may promulgate such regulations as
may be necessary to ensure that such extraction is performed by a qualified contractor
in compliance with the applicable performance standards of section 38-14.1-24 and, if
warranted, provide for compensation to the person entitled thereto.
12. May expend moneys from the fund for emergency restoration, reclamation, abatement,
control, or prevention of adverse effects of coal mining practices on eligible lands, if
the commission makes a finding of fact and the office of surface mining reclamation
and enforcement concurs that:
a. An emergency exists constituting a danger to the public health, safety, or general
welfare; and
b. No other person or agency will act expeditiously to restore, reclaim, abate,
control, or prevent the adverse effects of coal mining practices.

13. Its agents, employees, and contractors may enter upon any land where the emergency
exists and any other land to have access to the land where the emergency exists to
restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices
and to do all things necessary or expedient to protect the public health, safety, or
general welfare. Such entry is an exercise of police power and is not condemnation or
trespass of property. The moneys and the benefits accruing are charged against the
land and mitigate or offset any claim by any owner for any alleged damages. This
provision does not create new rights of action or eliminate existing immunities.
14. Every successful bidder for an abandoned mine lands contract must be eligible based
on available information concerning federal and state failure-to-abate cessation orders,
unabated federal and state imminent harm cessation orders, delinquent civil penalties
issued pursuant to section 518 of the Surface Mining Control and Reclamation Act of
1977 [Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1201 et seq.], bond forfeitures where
violations upon which the forfeitures were based have not been corrected, delinquent
abandoned mine reclamation fees, and unabated violations of federal and state laws
and rules and regulations pertaining to air or water environmental protection incurred
in connection with any surface coal mining operation.