§ 15-58-102 - Legislative findings.
               	 		
15-58-102.    Legislative findings.
    The General Assembly of the State of Arkansas finds, and it is declared that:
      (1)  The  extraction of coal from the earth by surface mining in this state is a  significant economic activity, is an integral part of the growth and  development of this state, and is important to supply energy to the  people of this state. It is, therefore, essential to the people of this  state to ensure the existence of an expanding and economically healthy  surface and underground coal mining industry;
      (2)  The  process of surface coal mining must be accomplished in a manner to  reduce so far as practicable the adverse social, economic, and  environmental effects of surface mining and to protect the general  welfare, health, safety, and property rights of the people of this  state;
      (3)  Because surface coal  mining in this state takes place in areas where the terrain, climate,  biological, chemical, and other physical conditions are peculiar to this  state and because the Arkansas Department of Environmental Quality is  familiar with these conditions, the department has the primary  responsibility to develop, issue, and enforce regulations for surface  mining and reclamation operations in this state pursuant to this chapter  and in compliance with applicable federal laws and regulations;
      (4)  The  Congress of the United States has enacted the Surface Mining Control  and Reclamation Act of 1977, Pub. L. No. 95-87, which provides for the  establishment of a nationwide program to regulate surface coal mining  and reclamation and which vests exclusive authority in the Department of  the Interior over the regulation of surface coal mining and reclamation  within the United States. Section 503 of the Surface Mining Control and  Reclamation Act of 1977, Pub. L. No. 95-87, provides that each state  may assume and retain exclusive jurisdiction over the regulation of  surface coal mining and reclamation operations within the state by  obtaining approval of a state program of regulation which demonstrates  that the state has the capability of carrying out the provisions and  meeting the purposes of the Surface Mining Control and Reclamation Act  of 1977, Pub. L. No. 95-87. Section 503 of the Surface Mining Control  and Reclamation Act of 1977, Pub. L. No. 95-87, further provides that a  state wishing to assume exclusive jurisdiction over the regulation of  surface coal mining and reclamation operations within the state must  have a state law which provides for the regulation of surface coal  mining and reclamation operations in accordance with the requirements of  the Surface Mining Control and Reclamation Act of 1977, Pub. L. No.  95-87; and
      (5)  The Congress of  the United States has enacted the Surface Mining Control and Reclamation  Act of 1977, Pub. L. No. 95-87, which provides for the establishment of  a nationwide program to promote reclamation of mined areas in the  country left without adequate reclamation to be funded by a reclamation  fee paid by all surface coal mining operators. Section 402 of the  Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87,  provides that each state may develop a state abandoned mine reclamation  program to enable the state to develop and carry out projects for the  reclamation of abandoned mines within the state. Upon approval of the  state abandoned mine reclamation program by the Secretary of the  Interior, fifty percent (50%) of the reclamation fee collected by the  Secretary of the Interior from surface coal mining operations in this  state will be allocated to this state to fund the state abandoned mine  reclamation program. Section 405 of the Surface Mining Control and  Reclamation Act of 1977, Pub. L. No. 95-87, provides that, prior to  approval of the state abandoned mine reclamation plan, the state must  have adopted state legislation necessary to carry out the purposes of  the Surface Mining Control and Reclamation Act of 1977, Pub. L. No.  95-87.