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2016 Statute

Section Number

49-401 - Short title.
49-402 - Declaration of policy.
49-402a - Jurisdiction 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references and designations; rules and regulations, permits, orders and directives continued in effect until superseded.
49-402b - Appropriations, unexpended balances transferred, use; officers and employees, liability for accrued compensation assumed by department of health and environment.
49-402c - Property and records transferred; resolution of conflicts by governor.
49-402d - Rights saved in legal actions and proceedings.
49-402e - Officers and employees transferred; civil service status; benefits and rights retained.
49-403 - Definitions.
49-404 - Employment 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 congress.
49-405 - Powers and authority of secretary.
49-405a - Training, examination and certification of certain persons responsible for blasting or use of explosives; rules and regulations requiring.
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.
49-405c - Civil 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 restricted.
49-405d - Inspections, when; reports; signs, where, required information; violations; public records.
49-406 - Permit 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 furnished.
49-407 - Permit 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 hearing.
49-408 - Reclamation of land; regulations of secretary; public waters, extent.
49-409 - Revegetation of affected areas.
49-410 - Amendment of permit, application; requirements; limitation on transfer, assignment or sale of rights granted under permit; revision or modification of permit.
49-411 - Commencement of reclamation, when; grading.
49-413 - Planting report; inspection and evaluation of vegetative cover.
49-415 - Reclamation reports; release of bond, when; hearing; conduct of hearing.
49-416 - Effect of revocation of permit or forfeiture of bond upon future permits.
49-416a - Review 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 costs.
49-417 - Reclamation by secretary; use of authorized funds; authority to contract; competitive bids; posting of bond or cash deposit by contractor; release of operator's bond, when.
49-418 - Effect on existing laws.
49-420 - Mined-land conservation and reclamation fee fund and mined-land reclamation fund; administrative expenses.
49-421a - Penalty for interference with performance of duties of department or its employees or agents.
49-422a - Judicial review.
49-423 - Savings clause.
49-425 - Interests in water resources not affected; replacement of water supply.
49-426 - Civil action to compel compliance with act; limitations; award of costs of litigation; rights to seek other relief not restricted; action for damages for injuries.
49-427 - Coal exploration operations; exploration regulations; trade secrets or privileged commercial or financial information confidential; limitations on amount of coal removed under exploration permit.
49-428 - Reclamation 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 landowner.
49-429 - Application of act to underground coal mining.
49-430 - Supplemental provisions.
49-431 - Act not applicable to extraction of coal in certain circumstances.
49-432 - Authority of secretary and department personnel to enter property for certain purposes; entry construed as exercise of police power; studies, exploratory work.
49-433 - Acquisition of abandoned mined-land; findings required; eminent domain permitted, when; acquisition expenditures; disposition of revenue.