North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2117 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	SENATE BILL NO. 2117
4		-	(Energy and Natural Resources Committee)
	1	+	25.8067.03000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	Energy and Natural Resources Committee
5	7		(At the request of the Public Service Commission)
6		-	AN ACT to amend and reenact subsection 1 of section 38-14.2-02, and sections ~~38-14.2-04,~~
7		-	38-14.2-06, and 38-14.2-07 of the North Dakota Century Code, relating to ~~abandoned surface~~
8		-	mine reclamation.
	8	+	A BILL for an Act to amend and reenact subsection 1 of section 38-14.2-02, and sections
	9	+	38-14.2-04, 38-14.2-06, and 38-14.2-07 of the North Dakota Century Code, relating to
	10	+	abandoned surface mine reclamation.
9	11		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10		-	SECTION 1. AMENDMENT. Subsection 1 of section 38-14.2-02 of the North Dakota ~~Century Code~~
11		-	is amended and reenacted as follows:
12		-	1."Abandoned mine reclamation plan" means a plan for the reclamation of lands and ~~water~~
13		-	adversely affected by past coal mining and noncoal mining practices. The plan ~~must generally~~
14		-	identify all areas to be reclaimed in the state of North Dakota, the ~~purposes for which the~~
15		-	reclamation is proposed, the relationship of the lands to be ~~reclaimed and the proposed~~
16		-	reclamation to surrounding areas, and the specific criteria ~~for ranking and identifying projects~~
17		-	to be funded, and the legal authority and ~~programmatic capability to perform such work as~~
18		-	required by the Surface Mining ~~Control and Reclamation Act of 1977 [Pub. L. 95-87; 30 U.S.C.~~
19		-	1235].
20		-	SECTION 2. AMENDMENT. Section 38-14.2-04 of the North Dakota Century Code is ~~amended and~~
21		-	reenacted as follows:
	12	+	SECTION 1. AMENDMENT. Subsection 1 of section 38-14.2-02 of the North Dakota
	13	+	Century Code is amended and reenacted as follows:
	14	+	1."Abandoned mine reclamation plan" means a plan for the reclamation of lands and
	15	+	water adversely affected by past coal mining and noncoal mining practices. The plan
	16	+	must generally identify all areas to be reclaimed in the state of North Dakota, the
	17	+	purposes for which the reclamation is proposed, the relationship of the lands to be
	18	+	reclaimed and the proposed reclamation to surrounding areas, and the specific criteria
	19	+	for ranking and identifying projects to be funded, and the legal authority and
	20	+	programmatic capability to perform such work as required by the Surface Mining
	21	+	Control and Reclamation Act of 1977 [Pub. L. 95-87; 30 U.S.C. 1235].
	22	+	SECTION 2. AMENDMENT. Section 38-14.2-04 of the North Dakota Century Code is
	23	+	amended and reenacted as follows:
22	24		38-14.2-04. State abandoned mine reclamation fund.
23	25		There is hereby created the state abandoned mine reclamation fund.
24	26		1.Revenue to the fund must include:
25		-	a.Moneys applied for and received by the commission pursuant to title IV of Public Law
26		-	95-87 [91 Stat. 456; 30 U.S.C. 1231 et seq.], for the purposes of this chapter.
27		-	b.Moneys donated to the commission by persons, corporations, limited liability companies,
28		-	associations, and foundations for the purposes of this chapter.
	27	+	a.Moneys applied for and received by the commission pursuant to title IV of Public
	28	+	Law 95-87 [91 Stat. 456; 30 U.S.C. 1231 et seq.], for the purposes of this
	29	+	chapter.
	30	+	Page No. 1 25.8067.03000
	31	+	ENGROSSED SENATE BILL NO. 2117
	32	+	FIRST ENGROSSMENT
	33	+	with House Amendments
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	57	+	b.Moneys donated to the commission by persons, corporations, limited liability
	58	+	companies, associations, and foundations for the purposes of this chapter.
29	59		c.Moneys collected by the commission from charges for uses of lands acquired or
30		-	reclaimed with moneys from the fund, after expenditures for maintenance have ~~been~~
31		-	deducted.
32		-	d.Moneys recovered by the commission through satisfaction of liens filed against ~~privately~~
33		-	owned lands reclaimed with moneys from the fund.
34		-	e.Moneys recovered by the commission from the sale of lands acquired with ~~moneys from~~
35		-	the fund.
36		-	f.Such other moneys as may be deposited in the fund for use in carrying out the ~~purposes~~
37		-	of the abandoned mine reclamation program.
	60	+	reclaimed with moneys from the fund, after expenditures for maintenance have
	61	+	been deducted.
	62	+	d.Moneys recovered by the commission through satisfaction of liens filed against
	63	+	privately owned lands reclaimed with moneys from the fund.
	64	+	e.Moneys recovered by the commission from the sale of lands acquired with
	65	+	moneys from the fund.
	66	+	f.Such other moneys as may be deposited in the fund for use in carrying out the
	67	+	purposes of the abandoned mine reclamation program.
38	68		2.Moneys in the fund may be used for the following purposes:
39	69		a.Reclamation and restoration of land and water resources as defined by section
40		-	38-14.2-06 and adversely affected by past mining, including but not limited to: S. B. NO. 2117 - PAGE 2
41		-	(1)Reclamation and restoration of abandoned surface mined areas, abandoned coal
42		-	processing areas, and abandoned coal refuse disposal areas.
	70	+	38-14.2-06 and adversely affected by past mining, including but not limited to:
	71	+	(1)Reclamation and restoration of abandoned surface mined areas,
	72	+	abandoned coal processing areas, and abandoned coal refuse disposal
	73	+	areas.
43	74		(2)Reclamation of lands affected by underground mine subsidence.
44		-	(3)Planting of land adversely affected by past coal mining or noncoal mining to ~~prevent~~
45		-	erosion and sedimentation.
46		-	(4)Prevention, abatement, treatment, and control of water pollution created by ~~coal~~
47		-	mine or noncoal mine drainage including restoration of streambeds, ~~and~~
48		-	construction and operation of water treatment plants.
49		-	(5)Prevention, abatement, and control of burning coal refuse disposal areas ~~and~~
50		-	burning coal in situ.
	75	+	(3)Planting of land adversely affected by past coal mining or noncoal mining to
	76	+	prevent erosion and sedimentation.
	77	+	(4)Prevention, abatement, treatment, and control of water pollution created by
	78	+	coal mine or noncoal mine drainage including restoration of streambeds,
	79	+	and construction and operation of water treatment plants.
	80	+	(5)Prevention, abatement, and control of burning coal refuse disposal areas
	81	+	and burning coal in situ.
51	82		(6)Prevention, abatement, and control of coal mine subsidence.
52	83		b.Acquisition or lease of land as provided for in this chapter.
53		-	c.Studies by the commission by contract with public and private organizations to provide
54		-	information, advice, and technical assistance, including research and demonstration
55		-	projects, conducted for the purposes of this chapter.
56		-	d.All other necessary expenses to accomplish the purposes of this chapter, including
57		-	administrative expenses and costs incurred in the development of the abandoned mine
58		-	reclamation plan and the abandoned mine reclamation program.
	84	+	c.Studies by the commission by contract with public and private organizations to
	85	+	provide information, advice, and technical assistance, including research and
	86	+	demonstration projects, conducted for the purposes of this chapter.
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	119	+	d.All other necessary expenses to accomplish the purposes of this chapter,
	120	+	including administrative expenses and costs incurred in the development of the
	121	+	abandoned mine reclamation plan and the abandoned mine reclamation
	122	+	program.
59	123		3.There is created a special fund in the state treasury called the state abandoned mine
60		-	reclamation fund set-aside trust account. Revenue to the set-aside trust account must be ten
61		-	percent of the amount granted by the secretary of the interior under title IV of Public Law
62		-	95-87 as provided by Public Law 100-34for amounts awarded before December 20, 2006.
63		-	This account must be interest bearing and all interest must be credited to the set-aside trust
64		-	account. No funds from this account may be expended prior to September 30, 2004. After
65		-	September 30, 2004, the funds may be expended as provided in this subsection but no funds
66		-	may be used to reclaim noncoal projects. The legislative assembly shall authorize expenditure
67		-	by appropriation from the account as necessary to defray the administrative expenses of the
68		-	program. The remaining funds in the account may only be used in accordance with
69		-	subdivisions a, b, and c, of subsection 1 of section 38-14.2-07 but no funds may be used on
70		-	noncoal projects. The liability of the state to fulfill the requirements of this subsection is limited
71		-	to the amount of funds available in the account established in this subsection. The state has
72		-	no obligations under this subsection except to the extent of federal funds deposited in the coal
73		-	mine mitigationstate abandoned mine reclamation fund set - aside trust account and the
74		-	interest thereon to operate the program.
	124	+	reclamation fund set-aside trust account. Revenue to the set-aside trust account must
	125	+	be ten percent of the amount granted by the secretary of the interior under title IV of
	126	+	Public Law 95-87 as provided by Public Law 100-34 for amounts awarded before
	127	+	December 20, 2006. This account must be interest bearing and all interest must be
	128	+	credited to the set-aside trust account. No funds from this account may be expended
	129	+	prior to September 30, 2004. After September 30, 2004, the funds may be expended
	130	+	as provided in this subsection but no funds may be used to reclaim noncoal projects.
	131	+	The legislative assembly shall authorize expenditure by appropriation from the account
	132	+	as necessary to defray the administrative expenses of the program. The remaining
	133	+	funds in the account may only be used in accordance with subdivisions a, b, and c, of
	134	+	subsection 1 of section 38-14.2-07 but no funds may be used on noncoal projects. The
	135	+	liability of the state to fulfill the requirements of this subsection is limited to the amount
	136	+	of funds available in the account established in this subsection. The state has no
	137	+	obligations under this subsection except to the extent of federal funds deposited in the
	138	+	coal mine mitigationstate abandoned mine reclamation fund set - aside trust account
	139	+	and the interest thereon to operate the program.
75	140		4.There is created a special fund in the state treasury called the state abandoned mine
76		-	reclamation safeguarding treatment for the restoration of ecosystems from abandoned mines
77		-	fund set-aside trust account. Revenue to the set-aside trust account must be no more than
78		-	thirty percent of the annual amount granted by the secretary of interior under title IV of Public
79		-	Law No. 95 - 87 as provided by Public Law No. 117 - 58 and Public Law No. 117 - 328. This
80		-	account must be interest bearing and all interest must be credited to the safeguarding
81		-	treatment for the restoration of ecosystems from abandoned mines fund set - aside trust
82		-	account. The funds from this account may be expended for:
83		-	a.The abatement of the causes and treatment of the effects of acid mine drainage resulting
84		-	from coal mining practices, including costs of building, operating, maintaining, and
85		-	rehabilitating acid mine drainage treatment systems;
86		-	b.The prevention, abatement, and control of subsidence; or S. B. NO. 2117 - PAGE 3
	141	+	reclamation safeguarding treatment for the restoration of ecosystems from abandoned
	142	+	mines fund set-aside trust account. Revenue to the set-aside trust account must be no
	143	+	more than thirty percent of the annual amount granted by the secretary of interior
	144	+	under title IV of Public Law No. 95 - 87 as provided by Public Law No. 117 - 58 and
	145	+	Public Law No. 117 - 328. This account must be interest bearing and all interest must
	146	+	be credited to the safeguarding treatment for the restoration of ecosystems from
	147	+	abandoned mines fund set - aside trust account. The funds from this account may be
	148	+	expended for:
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	181	+	a.The abatement of the causes and treatment of the effects of acid mine drainage
	182	+	resulting from coal mining practices, including costs of building, operating,
	183	+	maintaining, and rehabilitating acid mine drainage treatment systems;
	184	+	b.The prevention, abatement, and control of subsidence; or
87	185		c.The prevention abatement, and control of coal mine fires.
88		-	5.The legislative assembly shall authorize expenditure by appropriation from the account under
89		-	subsection 4 as necessary to defray the administrative expenses of the program.
90		-	SECTION 3. AMENDMENT. Section 38-14.2-06 of the North Dakota Century Code is amended and
91		-	reenacted as follows:
	186	+	5.The legislative assembly shall authorize expenditure by appropriation from the account
	187	+	under subsection 4 as necessary to defray the administrative expenses of the
	188	+	program.
	189	+	SECTION 3. AMENDMENT. Section 38-14.2-06 of the North Dakota Century Code is
	190	+	amended and reenacted as follows:
92	191		38-14.2-06. Eligible lands and water.
93		-	Lands and water eligible for reclamation or drainage abatement expenditures under this chapter are
94		-	those which were mined for coal or which were affected by such mining, wastebanks, coal processing
95		-	or other coal mining processes and abandoned or left in an inadequate reclamation status prior to
96		-	August 3, 1977, and for which there is no continuing reclamation responsibility under other state laws.
97		-	Lands and water which were mined or affected by mining for minerals and materials other than coal are
98		-	also eligible for reclamation under this chapter if suchthe reclamation is necessary to protect the public
99		-	health, safety, general welfare, and property and such, the noncoal abandoned mine lands were left in
100		-	an inadequate reclamation status prior to August 3, 1977, and for which there is no continuing
101		-	reclamation responsibility under other state or federal laws, and the state has received certification from
102		-	the United States secretary of the interior under 30 U.S.C. 1239 or 30 U.S.C. 1240(a). Lands and water
103		-	designated for remedial action under the Uranium Mill Tailings Radiation Control Act of 1978 [42 U.S.C.
104		-	7901 et seq.] or listed for remedial action under the Comprehensive Environmental Response,
105		-	Compensation, and Liability Act of 1980 [42 U.S.C. 9601 et seq.] are not eligible for reclamation or
106		-	drainage abatement expenditures under this chapter.
107		-	SECTION 4. AMENDMENT. Section 38-14.2-07 of the North Dakota Century Code is amended and
108		-	reenacted as follows:
109		-	38-14.2-07. Commission authorized to administer abandoned mine reclamation program -
110		-	Objectives - Priorities.
111		-	1.The commission is hereby authorized to develop, administer, and enforce an abandoned mine
112		-	reclamation program. Expenditure of funds for the projects under this program must reflect
113		-	priorities in the order stated:
114		-	1.a.Administrative expenses and costs incurred in the development of the abandoned mine
115		-	reclamation plan and the abandoned mine reclamation program.
116		-	2.The protection of public health, safety, general welfare, and property from extreme danger
117		-	resulting from the adverse effects of past coal mining practices., including the restoration of
118		-	eligible land and water resources and the environment:
119		-	(1)Previously degraded by the adverse effects of coal mining practices; and
120		-	(2)Located adjacent to a site that has been or will be remediated to protect the public
121		-	health, safety, and property from extreme danger of adverse effects of coal mining
122		-	practices.
123		-	3.b.The protection of public health, and safety, and general welfare from adverse effects of
124		-	past coal mining practices which do not constitute an extreme danger., including the
	192	+	Lands and water eligible for reclamation or drainage abatement expenditures under this
	193	+	chapter are those which were mined for coal or which were affected by such mining,
	194	+	wastebanks, coal processing or other coal mining processes and abandoned or left in an
	195	+	inadequate reclamation status prior to August 3, 1977, and for which there is no continuing
	196	+	reclamation responsibility under other state laws. Lands and water which were mined or
	197	+	affected by mining for minerals and materials other than coal are also eligible for reclamation
	198	+	under this chapter if suchthe reclamation is necessary to protect the public health, safety,
	199	+	general welfare, and property and such, the noncoal abandoned mine lands were left in an
	200	+	inadequate reclamation status prior to August 3, 1977, and for which there is no continuing
	201	+	reclamation responsibility under other state or federal laws, and the state has received
	202	+	certification from the United States secretary of the interior under 30 U.S.C. 1239 or 30 U.S.C.
	203	+	1240(a). Lands and water designated for remedial action under the Uranium Mill Tailings
	204	+	Radiation Control Act of 1978 [42 U.S.C. 7901 et seq.] or listed for remedial action under the
	205	+	Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C.
	206	+	9601 et seq.] are not eligible for reclamation or drainage abatement expenditures under this
	207	+	chapter.
	208	+	SECTION 4. AMENDMENT. Section 38-14.2-07 of the North Dakota Century Code is
	209	+	amended and reenacted as follows:
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	241	+	38-14.2-07. Commission authorized to administer abandoned mine reclamation
	242	+	program - Objectives - Priorities.
	243	+	1.The commission is hereby authorized to develop, administer, and enforce an
	244	+	abandoned mine reclamation program. Expenditure of funds for the projects under this
	245	+	program must reflect priorities in the order stated:
	246	+	1.a.Administrative expenses and costs incurred in the development of the
	247	+	abandoned mine reclamation plan and the abandoned mine reclamation
	248	+	program.
	249	+	2.The protection of public health, safety, general welfare, and property from extreme
	250	+	danger resulting from the adverse effects of past coal mining practices., including the
125	251		restoration of eligible land and water resources and the environment:
126	252		(1)Previously degraded by the adverse effects of coal mining practices; and
127		-	(2)Located adjacent to a site that has been or will be remediated to protect the public
128		-	health and safety from adverse effects of coal mining practices.
129		-	4.c.The restoration of eligible land and water resources and the environment previously
130		-	degraded by adverse effects of past coal mining practices, including measures for the S. B. NO. 2117 - PAGE 4
131		-	conservation and development of soil, water (excluding channelization), woodland, fish
132		-	and wildlife, recreation resources, and agricultural productivity.
133		-	5. Research and demonstration projects relating to the development of surface coal mining
134		-	reclamation and water quality control program methods and techniques.
135		-	6.d.The protection, repair, replacement, construction, or enhancement of public facilities such
136		-	as utilities, roads, recreation, and conservation facilities adversely affected by pastwater
137		-	supply facilities, including water distribution facilities and treatment plants adversely
138		-	affected by coal mining practices.
139		-	7.The development of publicly owned land adversely affected by past coal mining practices,
140		-	including land acquired as provided in this chapter, for recreation, historic, conservation, and
141		-	reclamation purposes and open space benefits.
	253	+	(2)Located adjacent to a site that has been or will be remediated to protect the
	254	+	public health, safety, and property from extreme danger of adverse effects
	255	+	of coal mining practices.
	256	+	3.b.The protection of public health, and safety, and general welfare from adverse
	257	+	effects of past coal mining practices which do not constitute an extreme danger.,
	258	+	including the restoration of eligible land and water resources and the
	259	+	environment:
	260	+	(1)Previously degraded by the adverse effects of coal mining practices; and
	261	+	(2)Located adjacent to a site that has been or will be remediated to protect the
	262	+	public health and safety from adverse effects of coal mining practices.
	263	+	4.c.The restoration of eligible land and water resources and the environment
	264	+	previously degraded by adverse effects of past coal mining practices, including
	265	+	measures for the conservation and development of soil, water (excluding
	266	+	channelization), woodland, fish and wildlife, recreation resources, and agricultural
	267	+	productivity.
	268	+	5. Research and demonstration projects relating to the development of surface coal
	269	+	mining reclamation and water quality control program methods and techniques.
	270	+	6.d.The protection, repair, replacement, construction, or enhancement of public
	271	+	facilities such as utilities, roads, recreation, and conservation facilities adversely
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	305	+	affected by pastwater supply facilities, including water distribution facilities and
	306	+	treatment plants adversely affected by coal mining practices.
	307	+	7.The development of publicly owned land adversely affected by past coal mining
	308	+	practices, including land acquired as provided in this chapter, for recreation, historic,
	309	+	conservation, and reclamation purposes and open space benefits.
142	310		8.
143		-	2.The protection of the public from hazards endangering life and property resulting from the
144		-	adverse effects of past noncoal mining practices upon certification from the United States
145		-	secretary of interior as provided in 30 U.S.C. 1240(a). However, upon request by the governor
146		-	of the state of North Dakota and approval by the secretary of the interior, such work may be
147		-	undertaken before the priorities related to past coal mining have been fulfilled. Expenditure of
148		-	funds from the project under this subsection must reflect the priorities in the order stated:
149		-	9.a.The protection of the public from hazards to health and, safety, general welfare, and
150		-	property from the adverse effects of past noncoal mining practices.
151		-	10.b.The restoration of the environment degraded by theprotection of public health, safety,
152		-	and general welfare from adverse effects of past noncoal mining practices.
153		-	11.c.The construction of public facilities in accordance with section 38-14.2-05restoration of
154		-	land and water resources and the environment previously degraded by the adverse
155		-	effects of noncoal mining practices.
156		-	3.Funds granted by the secretary of interior under title IV of Public Law No. 95 - 87 as provided
157		-	by Public Law No. 117 - 58 may be used only for the activities described in subsection 1. S. B. NO. 2117 - PAGE 5
158		-	____________________________ ____________________________
159		-	President of the Senate Speaker of the House
160		-	____________________________ ____________________________
161		-	Secretary of the Senate Chief Clerk of the House
162		-	This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
163		-	Dakota and is known on the records of that body as Senate Bill No. 2117.
164		-	Senate Vote:Yeas 46 Nays 0 Absent 1
165		-	House Vote: Yeas 89 Nays 0 Absent 5
166		-	____________________________
167		-	Secretary of the Senate
168		-	Received by the Governor at ________M. on _____________________________________, 2025.
169		-	Approved at ________M. on __________________________________________________, 2025.
170		-	____________________________
171		-	Governor
172		-	Filed in this office this ___________day of _______________________________________, 2025,
173		-	at ________ o’clock ________M.
174		-	____________________________
175		-	Secretary of State
	311	+	2.The protection of the public from hazards endangering life and property resulting from
	312	+	the adverse effects of past noncoal mining practices upon certification from the United
	313	+	States secretary of interior as provided in 30 U.S.C. 1240(a). However, upon request
	314	+	by the governor of the state of North Dakota and approval by the secretary of the
	315	+	interior, such work may be undertaken before the priorities related to past coal mining
	316	+	have been fulfilled. Expenditure of funds from the project under this subsection must
	317	+	reflect the priorities in the order stated:
	318	+	9.a.The protection of the public from hazards to health and, safety, general welfare,
	319	+	and property from the adverse effects of past noncoal mining practices.
	320	+	10.b.The restoration of the environment degraded by theprotection of public health,
	321	+	safety, and general welfare from adverse effects of past noncoal mining
	322	+	practices.
	323	+	11.c.The construction of public facilities in accordance with section
	324	+	38-14.2-05restoration of land and water resources and the environment
	325	+	previously degraded by the adverse effects of noncoal mining practices.
	326	+	3.Funds granted by the secretary of interior under title IV of Public Law No. 95 - 87 as
	327	+	provided by Public Law No. 117 - 58 may be used only for the activities described in
	328	+	subsection 1.
	329	+	Page No. 6 25.8067.03000
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