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ENGROSSED HOUSE
BILL NO. 3883 By: McCall of the House
and
McCortney of the Senate
An Act relating to mines and mining; amending 45 O.S.
2021, Section 724, which relates to permits and
limited use permits; modifying types of hearings
required; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 45 O.S. 2021, S ection 724, is
amended to read as follows:
Section 724. A. It shall be unlawful for any operat or to
engage in any mining operations in this state withou t first
obtaining a permit or a Limited Use Permit from t he Department of
Mines for each separate mining o peration. The Department shall
determine what constitutes a sepa rate mining operation by ru les
promulgated under the Mining Lands Reclamation Act.
B. Any operator desiring to engage in limited mining activ ity
may apply for a Limited Use Permit for those mining operations not
eligible for a surface mining permit. Appl ication for such permit
shall be made upon forms furnished by the Department. The fo rm
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shall contain a description of the tract or tracts of land and shall
include the section, township, ran ge and county in which the land is
located. A map shall be attac hed to the application whic h
accurately outlines and locates the tract of land. A st atement that
the applicant has the right and power by leg al estate owned to mine
the land so described sha ll be included with the application. I n
addition, the following conditions and requirements shall apply to
Limited Use Permits:
1. The maximum acrea ge shall be restricted to two (2) acres;
2. The term of a Limited Use Permit shall not exceed twelve
(12) months from the date of issuance;
3. A Limited Use Permit shall not carry a right of succe ssive
renewal;
4. A Limited Use Permit site must be recla imed as required by
Section 725 of this title within six (6) months following the
expiration of the permit term;
5. A three-thousand-five-hundred-dollar reclamation bond must
be filed with the Depa rtment prior to issuance of the permit;
6. Failure to reclaim the site disturbance within the permitted
time frame or revocation of the Limited Use Permit will be cause for
bond forfeiture or other acti on as may be ordered by th e Department;
7. The use of processing equipment shall not be approved for a
Limited Use Permit;
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8. The use of explosives shall not be appro ved under a Limited
Use Permit;
9. A processing fee of One Hundred Dollars ($100.00) sh all
accompany the applicat ion for a Limited Use Permi t; and
10. Mining production shall be reported and paid as re quired by
Section 931 of this title.
If the above listed conditions and requirements are met, the
Department may issue a Limited Use Permit w hich shall not be subject
to the notice and publicati on requirements as otherwise required by
this section.
C. 1. Any operator desiring to engage in surface mining sh all
make written application to the Department fo r a permit.
Application for such permi t shall be made upon a for m furnished by
the Department. The form shall contain a description of the tract
or tracts of land and the estimated number of acres to be af fected
by surface mining by the operator. The de scription shall include
the section, township, range and county i n which the land is located
and shall otherwise describe the land with sufficient certain ty so
that it may be located and distinguished from o ther lands.
2. Transmission lines shall be plott ed on a location map
submitted with the application. A statement that the operator has
the right and power by legal estate owned to mine by surface minin g
the land so described shall be included with the ap plication.
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D. 1. Any operator desiring to engag e in underground mining
shall make written application to the Dep artment for a permit.
Application for such permit shall be made upon a form furnished by
the Department. The form shall contain a descriptio n of the tract
or tracts of land to be used as re fuse disposal areas. The
description shall include the section, township, range and county in
which the land is located and shall otherwise describe the land with
sufficient certainty so that it may be loca ted and distinguished
from other lands.
2. A statement that the applicant has the right and power by
legal estate owned to use the land so d escribed as a refuse disposal
area shall be included with the application.
E. Each application for a permit under subsections C and D of
this section shall be acco mpanied by a plan of reclamation of the
affected land that meets the requirements of the Min ing Lands
Reclamation Act. The application shall set forth th e proposed use
to be made of the affected land, the g rading to be accomplished, the
type of revegetation, and shall include the approximate t ime of
grading and initial revegetation effort.
F. Each application for a permit under subsections C and D of
this section shall be accompanied by the bond or security meeting
the requirements of Section 728 of this title, or proof that such
bond or security is still in effect, an d a fee of One Hundred
Seventy-five Dollars ($175.00) for each permit year, payable at th e
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rate of One Hundred Seventy -five Dollars ($175.00) per year on the
anniversary date of the year in w hich the permit or permit renewal
was issued. All application fe es shall be submitted to th e State
Treasurer, who shall deposit them in the Department of Mines
Revolving Fund.
G. 1. Upon the receipt of su ch application, bond or security
and fee due from the operator, the Department may issue a permit to
the applicant which shall entitle the ap plicant to engage in mining
on the land therein described in a ccordance with the rules
promulgated by the Departmen t, for the life expectancy of the
operation unless the operator is in violation of any s tate statute
or rule of the Department in which case the Department shall take
appropriate action against the opera tor.
2. All applications for renewal of existing per mits shall be
filed prior to the expiration of th e existing permit in accordance
with the rules promulgated by the Department.
3. No permit shall be issued except upon proper application and
public hearing, if requested.
H. 1. a. Upon filing the applic ation with the Department, the
applicant shall place an advertisement in a newspaper
of general circulation in the vicinity of the mining
operation, containing such information as is required
by the Department, at least once a week for four (4)
consecutive weeks.
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b. The advertisement shall contain, at a minimum, the
following:
(1) the name and business address of the applicant,
(2) a description which clearly shows or describes
the precise location and bo undaries of the
proposed permit area and is sufficien t to enable
local residents to readily identify t he proposed
permit area. It may includ e towns, bodies of
water, local landmarks, and any ot her information
which would identify the location,
(3) the location where a copy of the application is
available for public inspection,
(4) the name and address of the Department where
written comments, objections, or requests fo r
informal conferences formal hearings on the
application may be submitted pursuant to
subsection P of this section,
(5) if an applicant seeks a permit to mine which
includes relocation or cl osing of a public road,
a copy of the county resolution pertainin g to the
affected county road, and
(6) such other information as is required by the
Department.
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2. Any property owner or resident of an occupie d dwelling who
may be adversely affected locate d within one (1) mile of the mining
operation shall have the righ t to protest the issuance o f a permit
and request a public formal hearing.
3. The Department shall notify the surface owners of any
hearings in connection with applications or permits in the same
manner as the operator is notifie d.
4. Such protests must be received by the Departme nt within
fourteen (14) days after the date of publication of the newspaper
advertisement. If a public formal hearing is requested, the
Department shall then hold an informal a formal hearing in the
vicinity of the proposed mini ng.
5. Upon completion of findings after the h earing, the
Department shall determine whe ther to issue or deny the permit, and
shall notify all parties of its decision.
6. Any decision regarding the issuance of a permit under thi s
section shall be appeala ble when entered, as provid ed in the
Administrative Procedures Act.
I. Each application for a new operation shall contain, where
applicable, a list of all other licenses and permit s needed by the
applicant to conduct the proposed mining operation. This l ist shall
identify each license and permit by:
1. Type of permit or license;
2. Name and address of issuing authority;
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3. Identification number or a copy of the application for
permits or licenses or, if issued, a copy of the p ermit or license;
and
4. If a decision has been made , the date of approv al or
disapproval by each issuing authorit y.
An existing operation which does not have on file a list of the
applicable licenses or pe rmits with the Department on the date of
enactment of this act shall not be out of compliance with the
provisions of this section. Any renewal of an existing permi t or
expansion or amendment to an existing operation upon time of
application shall submit a copy of all approved licenses and permits
issued by other agencies or juri sdictions.
Identifications of all permits and l icenses shall include local
government agencies with jurisdiction over or an interest in the
area of the proposed mining operation inc luding, but not limited to,
planning agencies, wa ter and sewer authorities; and all state and
federal government agencies with authority to issue permits and
licenses applicable to the proposed mining operation, including all
state environmental agencies, U.S. Army Corps of Engineers, U.S.
Department of Agriculture Natural Resour ces Conservation Service
district office, and f ederal fish and wildlife agencies.
J. An operator desiring to have such operator 's permit amended
to cover additional land may file a n amended application with the
Department. Upon receipt of the amended app lication, and such
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additional bond as may be re quired under the provisions of the
Mining Lands Reclamation Act, the Department shall issue an
amendment to the original permit coveri ng the additional land
described in the amended a pplication, without the pa yment of any
additional fee.
K. An operator may withdraw any land covered by a permit,
deleting affected land therefrom, by notifying the Department, in
which case the penalty of t he bond or security filed by such
operator pursuant to the provisions of th e Mining Lands Reclamation
Act shall be reduced proportionately.
L. Permits issued to an operator may be transferable to another
operator,; provided, the new operator can demonstrate to the
Department, prior to the transfer of ow nership, that conditions a nd
obligations required for the permit will be me t and the new operator
has submitted a performance bond or other guarantee, or has obtained
the bond coverage of the original permitte e.
M. The perimeter of the permit area shall b e clearly marked by
durable and recognizable markers or by other means appr oved by the
Department.
N. The Department shall determine the blasting distance to
transmission lines b y rule.
O. 1. If any mining operations where blasting is required
occur within the limits of a munici pality with a population in
excess of three hundr ed thousand (300,000) according to the l atest
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Federal Decennial Census or within the limits of a municip ality
within a county with a p opulation in excess of three hundred
thousand (300,000) according to the latest Federal Decennial Ce nsus,
the application for a permit pursuant to subsections C a nd D of this
section shall be accompanied by proof that the oper ator is in full
compliance with all applicable regulations of the municipalit y.
Certified copies of an y required municipal permit s and any other
required written municipal approvals shall be attached to the
application when submitted to the Department. N o mining permit
shall be issued by the Department unless the applicant first
complies with the requirem ents of this subsection. A municipality
is not required to reconsider requests denied by the municipality
related to the same site unless the municipali ty determines there
has been a material change in the application.
2. The provisions of paragraph 1 of this subsection shall not
apply to existing perm itted operations, revisions or amendment s
thereto, or any application on file with the Department prior to May
25, 2005. In addition, the provisions of paragraph 1 of this
subsection shall not apply to any future operation on propert y
directly adjacent to property on which a permitted operation is
located,; provided, that the operation is permitted and the ad jacent
property is owned or le ased by the operator on the effective date of
this act. For purposes o f this subsection, properti es separated by
a public road shall be considered to be adjace nt.
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P. Within a reasonable time, as established by the Department ,
written comments or objectio ns on permit or bond release
applications may be submitted to the Depar tment by public entities
including, but not limited to, the local soil conservation distr ict,
with respect to the effects of the proposed mining operations o n the
environment.
Q. Any person having an interest in or who is or may be
adversely affected by t he decision on a permit or bond release
application, or any federal, state or local agenc y, shall have the
right to request in writing that the Department ho ld an informal
conference a formal hearing on the application. The Depar tment
shall hold the informal conference formal hearing within a
reasonable time following the receipt of the writt en request at a
location in the vicinity of the proposed or active s urface mining or
reclamation operation.
SECTION 2. This act shall become effective November 1, 2022.
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Passed the House of Representatives the 7th day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate