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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1941 By: McCall
AS INTRODUCED
An Act relating to mining; amending 45 O.S. 2021,
Sections 723 and 724, which relate to definitions and
permits; modifying defi nition; defining term;
modifying reference to certain responsible party;
requiring application contain certain informati on
regarding contract miners; requiring i dentification
of contract miner; requiring certain assignment be
subject to notice and hearing requiremen ts; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 45 O.S. 2021, Section 723, is
amended to read as follows:
Section 723. Whenever used or referred to in Sections 722
through 738 of this title, unless a different meaning clearly
appears from the context:
1. "Overburden" means all of the earth and other materials
which lie above natural deposits of min erals, and also means such
earth and other materials disturbed from their natu ral state in the
process of surface mining;
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2. "Mine" means an underground or surface excavation and
development with or without shafts, slopes, drifts or tunnels for
the extraction of minerals, with hoisting or haulage equipment and
appliances for the ex traction thereof, and shall embrace any and all
of the land or property of the plant, and the surface and
underground, that contribute directly or indirectly to the mining
properties, concentration or handling of minerals;
3. "Mining" means the extraction of minerals from natural
deposits by any method or process;
4. "Minerals" means asphalt, clay, copper, granite, gravel,
gypsum, lead, marble, salt, sand, shale, stone, tripoli, volcanic
ash and zinc, or any other substance common ly recognized as a
mineral, and includes ores or rock containing any such substances,
but excludes oil, gas and any other mineral found naturally in a
liquid or gaseous state;
5. "Underground mining" means those mining operations carried
out beneath the surface by means of shafts , slopes, tunnels or other
openings leading to the mineral being mined and the extraction of
the mineral through such shafts, slopes, tunnels or their openings;
6. "Surface mining" means those mining operations carried out
on the surface, including strip mining, auger mining, quarrying,
dredging, pumping, or the use of hydraulic methods.
Surface mining shall not include excavation or removal of shale,
sand, gravel, clay, rock or other materials in remote areas by an
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owner or holder of a possessory interest in land for the primary
purpose of construction or maintenance of access roads to or on such
landowner's property. Surface mining shall not include excavations
or grading conducted for forming, on -site road construction or other
on-site construction, or the extraction of minerals other than
anthracite and bituminous coal by a landowner for noncommercial use
from land owned or leased by the landowner; nor mining for
commercial purposes conducted under a Limited Use Permit issued by
the Department; nor the extraction of sand, gravel, rock, stone,
earth or fill from borrow pits for highway construction purposes, so
long as such work is performed under a bond, contract and
specifications which substantially provide for and require
reclamation of the area affec ted; nor to the handling, processing or
storage of slag on the premises of a manufacturer as a part of the
manufacturing process. Surface mining shall not include the surface
mining of coal or the surface effects of underground co al mining;
7. "Strip mining" means those mining operations carried out by
removing the overburden lying above natural deposits of minerals,
and mining directly from such natural deposits thereby exposed , but
excludes auger mining, quarrying, dredging, pum ping or the use of
hydraulic methods;
8. "Reclamation" means conditioning affected land to make it
suitable for any uses or purposes consistent with those enumerated
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in Section 722 of this title, and to avoid, minimize or correct
adverse environmental eff ects of mining operations ;
9. "Box cut" means the first open cut in strip mining which
results in the placing of overburden on unmined land adjacent to the
initial pit and outside the area to be mined;
10. "Consolidated material " means material of suffic ient
hardness or ability to resist weathering and to inhibit erosion or
sloughing;
11. "Operator" means any person, partnership, firm or
corporation engaged in and controlling a mining operation ,
regardless of whether the person, partnership, firm or corp oration
actually conducts the mining activities of the mining operation ;
12. "Pit" means a tract of land from which overburden or
minerals have been or are being removed in the process of surface
mining;
13. "Affected land" means the area of land from wh ich
overburden shall have been removed, or upon which overburden or
refuse has been deposited, or both;
14. "Refuse" means all waste material directly connected with
the production, cleaning or preparation of minerals which have been
mined by either under ground or surface mining method;
15. "Ridge" means a lengthened elevation of o verburden created
in the surface mining process;
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16. "Peak" means a projecting point of overburden created in
the surface mining process;
17. "Department" means the office of the Chief Mine Inspector,
herein called the Department of Mines and Mining, or such
department, bureau or commission as may lawfully succeed to the
powers and duties of such department;
18. "Director" means the Chief Mine Inspector of the State of
Oklahoma or such officer, bureau or commission as may lawfully
succeed to the powers a nd duties of such Chief Mine Inspector;
19. "Borrow pit" means the one-time or intermittent extraction
of sand, gravel, rock, stone, earth or fill in its natural state,
not being mechanically altered t o affect its size for government -
financed construction purposes. Such work shall be performed under
a bond, contract and specifications which substantially provide for
and require reclamation of the affected area; and
20. "Dimension stone quarry" means a site where natural stone
used as building material is excavated and the stones are selected,
trimmed, or cut to specified shapes or sizes ; and
21. "Contract miner" means any person, partne rship, firm or
corporation which actually conducts the mining acti vities of a
mining operation on behalf of an operator .
SECTION 2. AMENDATORY 45 O.S. 2021, Section 724, is
amended to read as follows:
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Section 724. A. It shall be unlawful for any operator to
engage in any mining operations in t his state without first
obtaining a permit or a Limited Use Permit from the Department of
Mines for each separate mining operation. The Department shall
determine what constitutes a separate mining operation by rules
promulgated under the Mining Lands Rec lamation Act.
B. Any operator desiring to engage in limited mining acti vity
may apply for a Limited Use Permit for those mining operations not
eligible for a surface mining permit. Application for such permit
shall be made upon for ms furnished by the Dep artment. The form
shall contain a description of the tract or tracts of land and shall
include the section, township, range and county in which the land is
located. A map shall be attached to the application which
accurately outlines and locates the trac t of land. A statement that
the applicant operator has the right and po wer by legal estate owned
to mine the land so described shall be included with the
application. The application shall clearly indicate whether the
operator will conduct mining activit ies itself, or whether the
operator intends to use a contract miner to c onduct mining
activities. If the operator intends to use a contract miner, the
application shall clearly identify the contract miner. In addition,
the following conditions and require ments shall apply to Limited Use
Permits:
1. The maximum acreage shall be restricted to two (2) acres;
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2. The term of a Limited Use Permit shall not exceed twelve
(12) months from the date of issuance;
3. A Limited Use Permit shal l not carry a right of successive
renewal;
4. A Limited Use Permit site must be reclaimed 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 Department 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 action as may be ordered by t he Department;
7. The use of processing equipment shall not be approved for a
Limited Use Permit;
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) shall
accompany the applica tion for a Limited Use Permit; and
10. Mining production shall be reported and paid as requir ed by
Section 931 of this title.
If the above listed conditions and requirements are met, the
Department may issue a Limited Use Permit which shall not be subject
to the notice and publ ication requirements as otherwise required by
this section.
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C. 1. Any operator desiring to engage in surface mining sh all
make written application to the Department for a permit.
Application for such permit shall be made upon a fo rm 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 description shall include
the section, township, range and county in which the land is lo cated
and shall otherwise describe the land with sufficient certainty s o
that it may be located and distinguished from o ther lands. The
application shall clearly indicate whether the operator will conduct
mining activities itself, o r whether the operator intends to use a
contract miner to conduct mining activities. If the op erator
intends to use a contract miner, the application shall clearly
identify the contract miner.
2. Transmission lines shall be plotted on a location map
submitted with the applicat ion. A statement that the operator has
the right and power by legal es tate owned to mine by surface mining
the land so described shall be included with the ap plication.
D. 1. Any operator desiring to engage in underground mining
shall make written appli cation to the Department for a permit.
Application for such permit sha ll 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 refuse disposal areas. The
description shall incl ude the section, township, range and county in
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which the land is locate d and shall otherwise describe the land with
sufficient certainty so that it may be loca ted and distinguished
from other lands. The application shall clearly ind icate whether
the operator will conduct mining activities itself, or whether the
operator intends to use a contract miner to conduct mining
activities. If the operator intends to use a contract miner, the
application shall clearly identify the contract mi ner.
2. A statement that the applicant operator has the right and
power by legal estate owned to use t he land so described 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 requirement s of the Mining Lands
Reclamation Act. The application shall set forth the proposed use
to be made of the affected land, the g rading to be accomplished, the
type of revegetation, and shall include the approximate time of
grading and initial revegetation e ffort.
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, and a fee of One Hundred
Seventy-five Dollars ($175.00) for each permit year, payable at the
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
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was issued. All application fees shall be sub mitted to the State
Treasurer, who shall deposit them in the Department of Mines
Revolving Fund.
G. 1. Upon the receipt of su ch application, bond or se curity
and fee due from the operator, the Department may issue a permit to
the applicant operator which shall entitle the applicant operator to
engage in mining on the land therein described in accordance with
the rules promulgated by the Departmen t, for the life expectancy of
the operation unless the operator is in violation of any state
statute or rule of the Department in which case the Department shall
take appropriate action against the operator.
2. All applications for renewal of existing per mits shall be
filed prior to the expiration of the 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 operator shall place an advertisement in a
newspaper of general circ ulation in the vicinity of
the mining operation, containing such information as
is required by the Department, at least once a week
for four (4) consecutiv e weeks.
b. The advertisement shall contain, at a minimum, the
following:
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(1) the name and business a ddress of the applicant
operator,
(2) a description which clearly shows or describes
the precise location and boundaries of the
proposed permit area and is sufficient to enable
local residents to readily identify the proposed
permit area. It may include t owns, bodies of
water, local landmarks, and any other 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, obj ections, or requests for
informal conferences on the application may be
submitted pursuant to subsection P of this
section,
(5) if an applicant operator seeks a permit to mine
which includes relocation or closing of a public
road, a copy of the county res olution pertaining
to the affected county road, and
(6) such other information as is required by the
Department.
2. Any property owner or resident of an oc cupied dwelling who
may be adversely affected located within one (1) mile of the mining
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operation shall have the right to protest the issuance of a permit
and request a public 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 notified.
4. Such protests must be received by the Department within
fourteen (14) days after the date of publication of the newspaper
advertisement. If a public hearing is requ ested, the Department
shall then hold an informal hearing in the vicinity of the proposed
mining.
5. Upon completion of findings after the hearing, the
Department shall determine whether to issue or deny the permit, and
shall notify all parties of its dec ision.
6. Any decision regarding the issuance of a permit under this
section shall be appealable wh en entered, as provided in the
Administrative Procedures Act.
I. Each application for a new operation shall contain, where
applicable, a list of all other licenses and permits needed by the
applicant operator to conduct the proposed mining operation. Th is
list 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 c opy of the application for
permits or licenses or, if issued, a copy of the permit or license;
and
4. If a decision has been made, the date of approval or
disapproval by each issuing authority.
An existing operation which does not have on file a list of t he
applicable licenses or permits with the Department on the date of
enactment of this act shall no t be out of compliance with the
provisions of this section. Any renewal of an existing permit or
expansion or amendment to an existing operation upon time o f
application shall sub mit a copy of all approved licenses and permits
issued by other agencies or jurisdictions.
Identifications of all permits and licenses shall include local
government agencies with jurisdiction over or an interest in the
area of the proposed mining operatio n including, but not limited to,
planning agencies, water and sewer authorit ies; and all state and
federal government agencies with authority to issue permits and
licenses applicable to the proposed mining operation, including all
state environmental agenc ies, U.S. Army Corps of Engineers, U.S.
Department of Agriculture Natural Re sources Conservation Service
district office, and federal fish and wildlife agencies.
J. An operator desiring to have such operator 's permit amended
to cover additional land may f ile an amended application with the
Department. Upon receipt of the amended application, and such
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additional bond as may be required under the provisions of the
Mining Lands Reclamation Act, the Department shall issue an
amendment to the original permit c overing the additional land
described in the amended application, without th e payment 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 the bond or security filed by such
operator pursuant to the provisions o f the 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 demons trate to the
Department, prior to the transfer of ownership, that conditions and
obligations required for the permit will be met and the new operator
has submitted a performance bond or other guarantee, or has obtained
the bond coverage of the original per mittee.
M. The perimeter of the permit area shall be clearly marked by
durable and recognizable markers or by other means approved by the
Department.
N. The Department shall determine the blasting distance to
transmission lines by rule.
O. 1. If any mining operations where blasting is required
occur within the limits of a muni cipality with a population in
excess of three hundred thousand (300,000) according to the latest
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Federal Decennial Census or within the limits of a municipal ity
within a county with a population in excess of three hundred
thousand (300,000) according to th e latest Federal Decennial Census,
the application for a permit pursuant to subsections C and D of this
section shall be accompanied by proof that the operat or is in full
compliance with all applicable regulations of the municipality.
Certified copies of any required municipal permits and any other
required written municipal approvals shall be attached to the
application when submitted to the Department. No mining permit
shall be issued by the Department unless the applicant operator
first complies with the requirements of this subsection. A
municipality is not required to reconsider requests denied by the
municipality related to the same site unless the mun icipality
determines there has been a material change in the application.
2. The provisions of pa ragraph 1 of this subsection shall not
apply to existing permitted operations, revisions or amendments
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 a pply to any future operation on property
directly adjacent to property on which a permitted operation is
located, provided that the operation is permitted and the adjacent
property is owned or leased by the operator on the effective date of
this act. For purposes of this subsection, properties separated by
a public road shall be considered to be adjacent.
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P. Within a reasonable time, as established by the Dep artment,
written comments or objections on permit or bond release
applications may be submitted to the Department by public entities
including but not limited to the local soil conservation district,
with respect to the effects of the proposed mining opera tions on the
environment.
Q. Any person having an interest in or who is or may be
adversely affected by the decision on a permit or bond release
application, or any federal, state or local agency, shall have the
right to request in writing that the Depart ment hold an informal
conference on the application. The Department shall hold the
informal conference within a reasonable time following the receipt
of the written request at a location in the vicinity of the proposed
or active surface mining or reclamat ion operation.
R. The assignment of mining activities by an operator to a
contract miner shall be subject to the notice and hearing
requirements of subsection H of th is section.
SECTION 3. This act shall become effective November 1, 2023.
59-1-6227 JBH 12/19/22