25.8067.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Energy and Natural Resources Committee
(At the request of the Public Service Commission)
A BILL for an Act to amend and reenact subsection 1 of section 38-14.2-02, and sections
38-14.2-04, 38-14.2-06, and 38-14.2-07 of the North Dakota Century Code, relating to
abandoned surface mine reclamation.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 1 of section 38-14.2-02 of the North Dakota
Century Code is amended and reenacted as follows:
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, and 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].
SECTION 2. AMENDMENT. Section 38-14.2-04 of the North Dakota Century Code is
amended and reenacted as follows:
38-14.2-04. State abandoned mine reclamation fund.
There is hereby created the state abandoned mine reclamation fund.
1.Revenue to the fund must include:
a.Moneys applied for and received by the commission pursuant to title IV of Public
Law 95-87 [91 Stat. 456; 30 U.S.C. 1231 et seq.], for the purposes of this
chapter.
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ENGROSSED SENATE BILL NO. 2117
FIRST ENGROSSMENT
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b.Moneys donated to the commission by persons, corporations, limited liability
companies, associations, and foundations for the purposes of this chapter.
c.Moneys collected by the commission from charges for uses of lands acquired or
reclaimed with moneys from the fund, after expenditures for maintenance have
been deducted.
d.Moneys recovered by the commission through satisfaction of liens filed against
privately owned lands reclaimed with moneys from the fund.
e.Moneys recovered by the commission from the sale of lands acquired with
moneys from the fund.
f.Such other moneys as may be deposited in the fund for use in carrying out the
purposes of the abandoned mine reclamation program.
2.Moneys in the fund may be used for the following purposes:
a.Reclamation and restoration of land and water resources as defined by section
38-14.2-06 and adversely affected by past mining, including but not limited to:
(1)Reclamation and restoration of abandoned surface mined areas,
abandoned coal processing areas, and abandoned coal refuse disposal
areas.
(2)Reclamation of lands affected by underground mine subsidence.
(3)Planting of land adversely affected by past coal mining or noncoal mining to
prevent erosion and sedimentation.
(4)Prevention, abatement, treatment, and control of water pollution created by
coal mine or noncoal mine drainage including restoration of streambeds,
and construction and operation of water treatment plants.
(5)Prevention, abatement, and control of burning coal refuse disposal areas
and burning coal in situ.
(6)Prevention, abatement, and control of coal mine subsidence.
b.Acquisition or lease of land as provided for in this chapter.
c.Studies by the commission by contract with public and private organizations to
provide information, advice, and technical assistance, including research and
demonstration projects, conducted for the purposes of this chapter.
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d.All other necessary expenses to accomplish the purposes of this chapter,
including administrative expenses and costs incurred in the development of the
abandoned mine reclamation plan and the abandoned mine reclamation
program.
3.There is created a special fund in the state treasury called the state abandoned mine
reclamation fund set-aside trust account. Revenue to the set-aside trust account must
be ten percent of the amount granted by the secretary of the interior under title IV of
Public Law 95-87 as provided by Public Law 100-34 for amounts awarded before
December 20, 2006. This account must be interest bearing and all interest must be
credited to the set-aside trust account. No funds from this account may be expended
prior to September 30, 2004. After September 30, 2004, the funds may be expended
as provided in this subsection but no funds may be used to reclaim noncoal projects.
The legislative assembly shall authorize expenditure by appropriation from the account
as necessary to defray the administrative expenses of the program. The remaining
funds in the account may only be used in accordance with section 38-14.2-07 but no
funds may be used on noncoal projects. The liability of the state to fulfill the
requirements of this subsection is limited to the amount of funds available in the
account established in this subsection. The state has no obligations under this
subsection except to the extent of federal funds deposited in the coal mine mitigation
account and the interest thereon to operate the program.
4.There is created a special fund in the state treasury called the state abandoned mine
reclamation safeguarding treatment for the restoration of ecosystems from abandoned
mines fund set-aside trust account. Revenue to the set-aside trust account must be no
more than thirty percent of the amount granted by the secretary of interior under
title IV of Public Law No. 95 - 87 as provided by Public Law No. 117 - 58. This account
must be interest bearing and all interest must be credited to the safeguarding
treatment for the restoration of ecosystems from abandoned mines fund set - aside trust
account. The funds from this account may be expended for:
a.The abatement of the causes and treatment of the effects of acid mine drainage
resulting from coal mining practices, including costs of building, operating,
maintaining, and rehabilitating acid mine drainage treatment systems;
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b.The prevention, abatement, and control of subsidence; and
c.The prevention abatement, and control of coal mine fires.
5.The legislative assembly shall authorize expenditure by appropriation from the account
under subsection 4 as necessary to defray the administrative expenses of the
program.
SECTION 3. AMENDMENT. Section 38-14.2-06 of the North Dakota Century Code is
amended and reenacted as follows:
38-14.2-06. Eligible lands and water.
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 suchthe reclamation is necessary to protect the public health, safety,
general welfare, and property and such, the noncoal abandoned mine lands were left in an
inadequate reclamation status prior to August 3, 1977, and for which 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.
SECTION 4. AMENDMENT. Section 38-14.2-07 of the North Dakota Century Code is
amended and reenacted as follows:
38-14.2-07. Commission authorized to administer abandoned mine reclamation
program - Objectives - Priorities.
1.The commission is hereby authorized to develop, administer, and enforce an
abandoned mine reclamation program. Expenditure of funds for the projects under this
program must reflect priorities in the order stated:
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1.a.Administrative expenses and costs incurred in the development of the
abandoned mine reclamation plan and the abandoned mine reclamation
program.
2.b.The protection of public health, safety, general welfare, and property from
extreme danger resulting from the adverse effects of past coal mining practices.,
including the restoration of eligible land and water resources and the
environment:
(1)Previously degraded by the adverse effects of coal mining practices; and
(2)Located adjacent to a site that has been or will be remediated.
3.c.The protection of public health, and safety, and general welfare from adverse
effects of past coal mining practices which do not constitute an extreme danger.,
including the restoration of eligible land and water resources and the
environment:
(1)Previously degraded by the adverse effects of coal mining practices; and
(2)Located adjacent to a site that has been or will be remediated.
4.d.The restoration of eligible land and water resources and the environment
geographically contiguous to an area provided in subdivisions b or c previously
degraded by adverse effects of past coal mining practices, including measures
for the conservation and development of soil, water (excluding channelization),
woodland, fish and wildlife, recreation resources, and agricultural productivity.
5.e.Research and demonstration projects relating to the development of surface coal
mining reclamation and water quality control program methods and
techniquesThe restoration of eligible land and water resources and the
environment, which is not geographically contiguous to the area provided in
subdivisions b and c, previously degraded by adverse effects of past coal mining
practices, including measures for the conservation and development of soil,
water, excluding channelization, woodland, fish and wildlife, recreation resources,
and agricultural productivity.
6.f.The protection, repair, replacement, construction, or enhancement of public
facilities such as utilities, roads, recreation, and conservation facilities adversely
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affected by pastwater supply facilities, including water distribution facilities and
treatment plants adversely affected by coal mining practices.
7.The development of publicly owned land adversely affected by past coal mining
practices, including land acquired as provided in this chapter, for recreation, historic,
conservation, and reclamation purposes and open space benefits.
8.g.The protection of the public from hazards endangering life and property resulting
from the adverse effects of past noncoal mining practices upon certification from
the United States secretary of interior as provided in 30 U.S.C. 1240(a).
However, upon request by the governor of the state of North Dakota and
approval by the secretary of the interior, such work may be undertaken before the
priorities related to past coal mining have been fulfilled.
9.h.The protection of the public from hazards to health and safety from the adverse
effects of past noncoal mining practices.
10.i.The restoration of the environment degraded by the adverse effects of past
noncoal mining.
11.j.The construction of public facilities in accordance with section 38-14.2-05.
2.The abandoned mine reclamation priority under subdivision e of subsection 1 must be
funded exclusively by moneys provided by the Infrastructure Investment and Jobs Act
[Pub. L. 117-58] unless subdivisions b through d of subsection 1 have been completed
and the abandoned mine reclamation program has certified the conditions to the
United States secretary of interior.
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