Mined-land Conservation and Reclamation
49-401Title of act49-402Declaration of policy49-402aJurisdiction and authority vested in department of health and environment; powers, duties and functions conferred; abolition of board and office of executive director; application of documentary references and designations; rules and regulations, permits, orders and directives continued in effect until superseded49-402bAppropriations, unexpended balances transferred, use; officers and employees, liability for accrued compensation assumed by department of health and environment49-402cProperty and records transferred; resolution of conflicts by governor49-402dRights saved in legal actions and proceedings49-402eOfficers and employees transferred; civil service status; benefits and rights retained49-403Definitions49-404Employment of inspectors and other personnel; contracts for technical services authorized; financial interest in coal mining operation prohibited; penalties for violation of prohibition; rules and regulations for enforcement; reports to congress49-405Powers and authority of secretary49-405aTraining, examination and certification of certain persons responsible for blasting or use of explosives; rules and regulations requiring49-405bArea designated as unsuitable for surface coal mining operations, when; petition to have area so designated or designation terminated; hearing; duties of secretary49-405cCivil penalty for violation of permit condition or provision of act; determination of amount of penalty; hearing; criminal penalty for violations; civil penalty for failure to correct a violation for which a citation has been issued; right to seek other relief not restricted49-405dInspections, when; reports; signs, where, required information; violations; public records49-406Permit to engage in surface mining; compliance with federal act required; annual statement of coal mined; application for permit, contents; notice of application for permit, publication; map and plan to accompany application; disapproval of application, when; fees; performance bonds; cash deposits, securities, mortgages on real estate; liability insurance; renewal of permits; application filed for public inspection, information required to be furnished49-407Permit to engage in surface mining; approval, modification or denial; determination and order of secretary, contents; applicant to file schedule listing notices of violation; prime farmland area, effect; informal conference; notice and hearing on final determination; conduct of hearing49-408Reclamation of land affected by surface mining; regulations of secretary; extent that water on such land shall become public waters49-409Revegetation of affected areas49-410Amendment of permit, application; requirements; limitation on transfer, assignment or sale of rights granted under permit; revision or modification of permit49-411Commencement of reclamation, when; grading49-413Planting report; inspection and evaluation of vegetative cover49-415Reclamation reports; release of bond, when; hearing; conduct of hearing49-416Effect of revocation of permit or forfeiture of bond upon future permits49-416aReview of notice or order; investigation and public hearing; order vacating, affirming, modifying or terminating notice or order; show cause order to suspend or revoke permit, hearing; assessment of costs49-417Reclamation by secretary; use of authorized funds; authority to contract; competitive bids; posting of bond or cash deposit by contractor; release of operator's bond, when49-418Effect on existing laws49-420Mined-land conservation and reclamation fee fund and mined-land reclamation fund; administrative expenses49-421aPenalty for interference with performance of duties of department or its employees or agents49-422aJudicial review49-423Savings clause49-425Interests in water resources not affected; replacement of water supply49-426Civil action to compel compliance with act; limitations; award of costs of litigation; rights to seek other relief not restricted; action for damages for injuries49-427Coal exploration operations; exploration regulations; trade secrets or privileged commercial or financial information confidential; limitations on amount of coal removed under exploration permit49-428Reclamation of land having abandoned mines; plans and programs developed by secretary; abandoned mined-land fund created; priorities in development of plans and programs; abandoned mines eligible for inclusion; application to secretary of interior; lien on reclaimed land; civil action by landowner49-429Application of act to underground coal mining49-430Supplemental provisions49-431Act not applicable to extraction of coal in certain circumstances49-432Authority of secretary and department personnel to enter property for certain purposes; entry construed as exercise of police power; studies, exploratory work49-433Acquisition of abandoned mined-land; findings required; eminent domain permitted, when; acquisition expenditures; disposition of revenue