§ 15-58-103 - Declaration of policy.
               	 		
15-58-103.    Declaration of policy.
    The General Assembly of the State of Arkansas declares that it is the purpose of this subchapter to:
      (1)  Assure that the coal supply essential to society's energy requirements and to its economic and social well-being is provided;
      (2)  Establish  a statewide program for surface coal mining and reclamation which is  designed to protect society and the environment from the adverse effects  of surface coal mining;
      (3)  Assure  that the rights of surface landowners and other persons with a legal  interest in the land or appurtenances to the land are protected from  unregulated surface mining operations;
      (4)  Assure that the surface mining operations are not conducted where reclamation as required by this subchapter is not feasible;
      (5)  Assure that surface coal mining operations are so conducted as to protect the environment;
      (6)  Assure  that adequate procedures are undertaken to reclaim surface areas as  contemporaneously as possible with the surface coal mining operations;
      (7)  Assure  that appropriate procedures are provided for public participation in  the development, revision, and enforcement of regulations, standards,  reclamation plans, or programs established pursuant to this subchapter;
      (8)  Strike  a balance between protection of the environment and agricultural  productivity and the state's and the nation's need for coal as an  essential source of energy;
      (9)  Assume  exclusive jurisdiction over the regulation of surface coal mining and  reclamation operations within the state by developing and implementing a  state program pursuant to Public Law 95-87 which meets all the  requirements of Section 503 of Public Law 95-87 and which thereby will  enable the state to assume such exclusive jurisdiction;
      (10)  Promote  reclamation of mined areas in this state, which were left without  adequate reclamation prior to August 3, 1977, and which continue in  their unreclaimed condition to substantially degrade the quality of the  environment, prevent or damage the beneficial use of the land or water  resources, or endanger the health or safety of the public by developing  and implementing a state abandoned mine reclamation program pursuant to  Public Law 95-87 which complies with the requirements for a state  abandoned mine reclamation program set forth therein and which shall  generally identify the areas to be reclaimed, the purposes for which the  reclamation is proposed, the relationship of the lands to be reclaimed  and of the proposed reclamation to surrounding areas, the specific  criteria for ranking and identifying projects to be funded, and by  issuing regulations which will supply the legal authority and  programmatic capability to perform such work in conformance with the  provisions of Title IV, Public Law 95-87;
      (11)  Wherever  necessary, exercise the full reach of state powers to ensure the  protection of the public interest through effective control of surface  coal mining and reclamation operations.