§ 38-14.2-06 — Eligible lands and water

North Dakota § 38-14.2-06

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

Text

Lands and water eligible for reclamation or drainage abatement expenditures under this
chapter are those which were mined for coal or which were affected by such mining,
wastebanks, coal processing or other coal mining processes and abandoned or left in an
inadequate reclamation status prior to August 3, 1977, and for which there is no continuing
reclamation responsibility under other state laws. Lands and water which were mined or
affected by mining for minerals and materials other than coal are also eligible for reclamation
under this chapter if the reclamation is necessary to protect public health, safety, general
welfare, and property, the noncoal abandoned mine lands were left in an inadequate
reclamation status prior to August 3, 1977, there is no continuing reclamation responsibility
under other state or federal laws, and the state has received certification from the United States
secretary of the interior under 30 U.S.C. 1239 or 30 U.S.C. 1240(a). Lands and water
designated for remedial action under the Uranium Mill Tailings Radiation Control Act of 1978
[42 U.S.C. 7901 et seq.] or listed for remedial action under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 [42 U.S.C. 9601 et seq.] are not eligible for
reclamation or drainage abatement expenditures under this chapter.