49-405b. Area designated as unsuitable for surface coal mining operations, when; petition to have area so designated or designation terminated; hearing; duties of secretary.
49-405b
49-405b. Area designated as unsuitable for surface coal mining operations,when; petition to have area so designated or designation terminated; hearing;duties of secretary.(a) (1) Upon petition pursuant to subsection (b), the secretary shalldesignate an area asunsuitable for all or certaintypes of surface coal mining operations if the secretarydetermines that reclamationpursuant to the requirements of this act is not technologically and economicallyfeasible.
(2) Upon petition pursuant to subsection (b), a surfacearea may be designated unsuitable for certain types of surface coal miningoperations if such operations will:
(A) Be incompatible with existing land use plans or programs;
(B) affect fragile or historic lands in which such operations could resultin significant damage to important historic, cultural, scientific, and estheticvalues and natural systems;
(C) affect renewable resource lands in which such operations could resultin a substantial loss or reduction of long-range productivity of water supplyor of food or fiber products, such lands shall includeaquifers and aquiferrecharge areas; or
(D) affect natural hazard lands in which such operations could substantiallyendanger life and property, such lands shall include areas subject to frequentflooding and areas of unstable geology.
(3) The secretary shall develop by regulations a process which includes:
(A) Responsibility of the secretary for surface coal mining lands review;
(B) a data base and an inventory system whichpermits proper evaluationof the capacity of different land areas to support and permit reclamationof surface coal mining operations;
(C) a method or methods for implementing land use planning decisions concerningsurface coal mining operations; and
(D) proper notice, opportunities for public participation, including apublic hearing prior to making any designation or redesignation, pursuantto this section.
(4) Determinations of the unsuitability of land for surface coal mining,as provided for in this section, shall be integrated as closely as possiblewith present and future land use planning and regulation processes at thefederal, state, and local levels.
(5) The requirements of this section shall not apply to lands on whichsurface coal mining operations are being conducted on August 3, 1977, orunder a permit issued pursuant to this act, or where substantial legal andfinancial commitments in such operation were in existence prior to January 4, 1977.
(b) Any person having an interest which is or may be adversely affectedshall have the right to petition the secretary to have an area designated asunsuitable for surface coal mining operations, or to have such a designationterminated. The petition shall contain allegations of factswith supportingevidence which would tend to establish the allegations. Within 10months after receipt of the petition the secretary or thesecretary's designee shall hold a public hearingin the locality of the affected area, after appropriate notice and publicationof the date, time, and location of such hearing. After a person havingan interest which is or may be adversely affectedhas filed a petition and before the hearing, as required by this subsection,any person may intervene by filing allegations of fact with supporting evidencewhich would tend to establish the allegations. Within 60 days aftersuch hearing, the secretary shall issue and furnish to thepetitioner and anyother party to the hearing, a written decision regarding the petition,and the reasons therefor. In the event that all petitioners stipulate agreementprior to the requested hearing, and withdraw their request, such hearingneed not be held.
(c) Prior to designating any land areas as unsuitable for surface coalmining operations, the secretary shall prepare a detailedstatement on (i) thepotential coal resources of the area, (ii) the demand for coal resources,and (iii) the impact of such designation on the environment, the economy,and the supply of coal.
History: L. 1979, ch. 169, § 11;L. 1988, ch. 192, § 11; July 1.