14-34-19-13. Powers of Director
Sec. 13. (a) The director may do the following: (1) Fill voids and open abandoned tunnels, shafts, and entryways resulting from a previous mining operation that constitutes a hazard to the public health or safety. (2) Reclaim surface impacts of underground or surface mines that the director determines could: (A) endanger life and property; (B) […]
14-34-18-6. Designation of Area as Unsuitable
Sec. 6. (a) The director may designate an area as unsuitable for coal mining if the designation is based on competent and scientifically sound data. (b) The director may designate an area as unsuitable for certain types of coal mining operations if the operation will: (1) be incompatible with existing state or local land use […]
14-34-19-1. Federal Money
Sec. 1. (a) Money received by the department from the federal government for use in the restoration of abandoned mine land under this chapter shall be deposited in separate dedicated funds administered by the department. The funds may only be used to effect the restoration of abandoned mine land under this chapter. (b) Federal money […]
14-34-19-1.3. Acid Mine Drainage Abatement and Treatment Fund
Sec. 1.3. (a) As used in this section, “fund” refers to the acid mine drainage abatement and treatment fund established by subsection (b). (b) The acid mine drainage abatement and treatment fund is established for the purpose of the abatement of the causes and the treatment of the effects of acid mine drainage. The department […]
14-34-19-1.5. Reclamation Set-Aside Fund
Sec. 1.5. (a) As used in this section, “fund” refers to the reclamation set-aside fund established by subsection (b). (b) The reclamation set-aside fund is established for the following purposes: (1) The protection of public health and property from the extreme danger of the adverse effects of coal mining practices. (2) The assurance that safety […]
14-34-19-2. Lands and Water Eligible for Reclamation or Drainage Abatement Expenditures
Sec. 2. (a) Lands and water eligible for reclamation or drainage abatement expenditures under this chapter are those: (1) that were: (A) mined for coal; or (B) affected by the mining, wastebanks, coal processing, or other coal mining processes; (2) that were: (A) abandoned; or (B) left in an inadequate reclamation status; before August 3, […]
14-34-19-3. Priorities for Expenditures
Sec. 3. (a) Expenditure of money from the fund created by section 1 of this chapter on lands and water eligible under section 2 of this chapter must reflect the following priorities in the order stated: (1) The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal […]
14-34-19-4. Director Entering Property to Abate Adverse Effects of Coal Mining Practices
Sec. 4. (a) This section applies if the director makes a finding of fact that: (1) land or water resources have been adversely affected by past coal mining practices; (2) the adverse effects of past coal mining practices are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent […]
14-34-19-5. Director Entering Property to Conduct Studies or Exploratory Work
Sec. 5. (a) The director may enter upon any property for the purpose of conducting studies or exploratory work to determine the following: (1) The existence of adverse effects of past coal mining practices. (2) The feasibility of restoration, reclamation, abatement, control, or prevention of the adverse effects. (b) Entry under this section is: (1) […]
14-34-19-6. Acquisition of Adversely Affected Land for Reclamation
Sec. 6. The director may, by purchase, donation, or condemnation, acquire land that is adversely affected by past coal mining practices if the director determines that acquisition of the land is necessary to successful reclamation and that: (1) the acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal […]