reglab/statecodes huggingface dataset:
2023 Utah Code › Title 40 - Mines and Mining › Chapter 2 - Coal Mine Safety Act › Part 4 - Certification of Coal Miners › Section 402 - Certification requirements.

40-2-402.
Certification requirements.
(1) The commission shall collect a fee for:
(a) the taking of a certification test; or
(b) the retaking of one or more sections of a certification test.
(2)
(a) The commission shall establish fees by following Section 63J-1-504.
(b) Notwithstanding Section 63J-1-504, the commission:
(i) shall retain the fees as dedicated credits; and
(ii) may only use the fees to administer the certification test.
(3) An applicant who fails any section of the certification test may retake that section of the test.
(4)
(a) An applicant who wishes to obtain a mine foreman certificate shall have at least four years varied underground coal mining experience, of which:
(i) two years' experience may be credited to a mining engineering graduate of an accredited four-year college; or
(ii) one year's experience may be credited to a graduate of a two-year course in mining technology.
(b)
(i) An applicant who wishes to obtain a surface foreman certificate shall have at least three years of varied surface experience.
(ii) The commission may grant a surface foreman certificate applicant credit for surface experience in any other industry that has substantially equivalent surface facilities.
(c) An applicant who wishes to obtain a fire boss certificate shall have at least two years of underground coal mining experience, of which:
(i) one year's experience may be credited to a mining engineering graduate of an accredited four-year college; or
(ii) six months' experience may be credited to a graduate of a two-year course in mining technology.
(d) An applicant who wishes to obtain an underground mine electrician certificate shall have at least one year of varied electrical experience as specified in 30 C.F.R. Sec. 75.153.
(e) An applicant who wishes to obtain a surface mine electrician certificate shall have at least one year of varied surface electrical experience as specified in 30 C.F.R. Sec. 77.103.
(5) A certificate granted under Section 40-2-401 and this section shall expire if the certificate holder ceases to work in the mining industry or a mine related industry for more than five consecutive years.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 2 - Coal Mine Safety Act › Part 4 - Certification of Coal Miners › Section 403 - Certificate by endorsement.

Effective 5/3/2023
40-2-403.
Certificate by endorsement.
(1) As used in this section, "license" means an authorization that permits the holder to engage in the practice of an occupation described in Section 40-2-402.
(2) Subject to Subsections (4) through (6), the commission shall issue a certificate described in Section 40-2-401 to an applicant who has been licensed in another state, district, or territory of the United States if:
(a) the commission determines that the license issued by the other state, district, or territory encompasses a similar scope of practice as the certificate;
(b) the applicant has at least one year of experience practicing under the license issued in the other state, district, or territory; and
(c) the applicant's license is in good standing in the other state, district, or territory.
(3) Subject to Subsections (4) through (6), the commission may issue a certificate described in Section 40-2-401 to an applicant who:
(a) has been licensed in another state, district, or territory of the United States, or in a jurisdiction outside of the United States, if:
(i)
(A) the commission determines that the applicant's education, experience, and skills demonstrate competency in the occupation for which certification is sought; and
(B) the applicant has at least one year of experience practicing under the license issued in the other state, district, territory, or jurisdiction; or
(ii) the commission determines that the licensure requirements of the other state, district, territory, or jurisdiction at the time the license was issued were substantially similar to the requirements for the certificate; or
(b) has never been licensed in a state, district, or territory of the United States, or in a jurisdiction outside of the United States, if:
(i) the applicant was educated in or obtained relevant experience in a state, district, or territory of the United States, or a jurisdiction outside of the United States; and
(ii) the commission determines that the education or experience was substantially similar to the education or experience requirements for the certificate.
(4) The commission may refuse to issue a certificate to an applicant under this section if:
(a) the commission determines that there is reasonable cause to believe that the applicant is not qualified to receive the certificate; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's other license.
(5) Before the commission issues a certificate to an applicant under this section, the applicant shall:
(a) pay a fee determined by the commission under Section 63J-1-504; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good standing in the occupation for which certification is sought.
(6) The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the administration and requirements of this section.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 5 - Miscellaneous Safety Provisions › Section 6 - Mine rescue team required -- Immunity of rescue participants.

40-5-6.
Mine rescue team required -- Immunity of rescue participants.
(1) Each mine owner shall maintain and support a mine rescue team at such owner's mine or otherwise ensure the availability of a mine rescue team in the event of an emergency, in accordance with the requirements of the Federal Mine Safety and Health Act of 1977, and the regulations promulgated under it.
(2) An individual, mine owner, or sponsoring owner who participates in a mine rescue operation during an emergency at the owner or sponsor's mine and who in good faith provides emergency care or assistance to an injured person during the emergency, is not liable in damages to such injured person on account of rendering emergency care or assistance.
Enacted by Chapter 181, 1983 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 1 - Declaration of public interest.

40-6-1.
Declaration of public interest.
It is declared to be in the public interest to foster, encourage, and promote the development, production, and utilization of natural resources of oil and gas in the state of Utah in such a manner as will prevent waste; to authorize and to provide for the operation and development of oil and gas properties in such a manner that a greater ultimate recovery of oil and gas may be obtained and that the correlative rights of all owners may be fully protected; to provide exclusive state authority over oil and gas exploration and development as regulated under the provisions of this chapter; to encourage, authorize, and provide for voluntary agreements for cycling, recycling, pressure maintenance, and secondary recovery operations in order that the greatest possible economic recovery of oil and gas may be obtained within the state to the end that the land owners, the royalty owners, the producers, and the general public may realize and enjoy the greatest possible good from these vital natural resources.
Enacted by Chapter 205, 1983 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 2.5 - Preemption.

Effective 3/26/2018
40-6-2.5.
Preemption.
(1)
(a) As used in this section, "oil and gas activity" means activity associated with the exploration, development, production, processing, and transportation of oil and gas as set forth in Title 40, Chapter 6, Board and Division of Oil, Gas, and Mining, including:
(i) drilling;
(ii) hydraulic fracture stimulation;
(iii) completion, maintenance, reworking, recompletion, disposal, plugging, and abandonment of wells;
(iv) construction activities;
(v) secondary and tertiary recovery techniques;
(vi) remediation activities; and
(vii) any other activity identified by the Board of Oil, Gas, and Mining.
(b) Oil and gas activity does not include any activity or authority directly authorized or granted to a political subdivision by the state.
(2) Subject to relevant federal law, regulation of oil and gas activity is of statewide concern and the state regulation of oil and gas activity occupies the whole field of potential regulation.
(3) The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with its general land use authority that:
(a) regulates only surface activity that is incident to an oil and gas activity;
(b) does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and
(c) is not otherwise preempted by state or federal law.
Enacted by Chapter 460, 2018 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 4 - Board of Oil, Gas, and Mining created -- Functions -- Appointment of members -- Terms -- Chair -- Quorum -- Expenses.

Effective 1/1/2021
40-6-4.
Board of Oil, Gas, and Mining created -- Functions -- Appointment of members -- Terms -- Chair -- Quorum -- Expenses.
(1)
(a) There is created within the Department of Natural Resources the Board of Oil, Gas, and Mining.
(b) The board shall be the policy making body for the Division of Oil, Gas, and Mining.
(2)
(a) The board shall consist of seven members appointed by the governor with the advice and consent of the Senate and in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(b) No more than four members shall be from the same political party.
(c) In accordance with the requirements of Section 79-2-203, the members appointed under Subsection (2)(a) shall include the following:
(i) two members who are knowledgeable in mining matters;
(ii) two members who are knowledgeable in oil and gas matters;
(iii) one member who is knowledgeable in ecological and environmental matters;
(iv) one member who:
(A) is a private land owner;
(B) owns a mineral or royalty interest; and
(C) is knowledgeable in mineral or royalty interests; and
(v) one member who is knowledgeable in geological matters.
(3)
(a) Except as required by Subsection (3)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(c) A member shall hold office until the expiration of the member's term and until the member's successor is appointed, but not more than 90 days after the expiration of the member's term.
(4)
(a) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the governor with the advice and consent of the Senate.
(b) The person appointed shall have the same qualifications as the person's predecessor.
(5)
(a) The board shall appoint its chair from the membership.
(b) Four members of the board shall constitute a quorum for the transaction of business and the holding of hearings.
(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7) A member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Amended by Chapter 352, 2020 General Session
Amended by Chapter 373, 2020 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 6 - Drilling units -- Establishment by board -- Modifications -- Prohibitions.

Effective 5/9/2017
40-6-6.
Drilling units -- Establishment by board -- Modifications -- Prohibitions.
(1) The board may order the establishment of drilling units for a pool.
(2) Within each drilling unit, only one well may be drilled for production from the common source of supply, except as provided in Subsections (6) and (7).
(3) A drilling unit may not be smaller than the maximum area that can be efficiently and economically drained by one well.
(4)
(a) Each drilling unit within a pool shall be of uniform size and shape, unless the board finds that it must make an exception due to geologic, geographic, or other factors.
(b) If the board finds it necessary to divide a pool into zones and establish drilling units for each zone, drilling units may differ in size and shape for each zone.
(5) An order of the board that establishes drilling units for a pool shall:
(a) be made upon terms and conditions that are just and reasonable;
(b) include all lands determined by the board to overlay the pool;
(c) specify the acreage and shape of each drilling unit as determined by the board; and
(d) specify the location of the well in terms of distance from drilling unit boundaries and other wells.
(6) The board may establish a drilling unit and concurrently authorize the drilling of more than one well in a drilling unit if the board finds that:
(a) engineering or geologic characteristics justify the drilling of more than one well in that drilling unit; and
(b) the drilling of more than one well in the drilling unit will not result in waste.
(7) The board may modify an order that establishes drilling units for a pool to provide for:
(a) an exception to the authorized location of a well;
(b) the inclusion of additional areas which the board determines overlays the pool;
(c) the increase or decrease of the size of drilling units; or
(d) the drilling of additional wells within drilling units.
(8)
(a) An order of the board that establishes a drilling unit may be made effective retroactively to the date of first production of an existing well located within the drilling unit if no party to the board's proceeding objects to the retroactive application.
(b) An order made retroactive under this section is binding upon a party owning an interest in the drilling unit who receives proper notice of the board's proceeding.
(9)
(a) After an order establishing drilling units has been entered by the board, the drilling of a well into the pool at a location other than that authorized by the order is prohibited.
(b) The operation of a well drilled in violation of an order fixing drilling units is prohibited.
Amended by Chapter 220, 2017 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 7 - Agreements for repressuring or pressure maintenance or cycling or recycling operations -- Plan for development and operation of pool or field.

40-6-7.
Agreements for repressuring or pressure maintenance or cycling or recycling operations -- Plan for development and operation of pool or field.
(1) An agreement for repressuring or pressure maintenance operations, cycling or recycling operations, including the extraction and separation of liquid hydrocarbons from natural gas, or for carrying on any other methods of unit or cooperative development or operation of a field or pool or a part of either, is authorized and may be performed, and shall not be held or construed to violate any statutes relating to trusts, monopolies, or contracts and combinations in restraint of trade, if the agreement is approved by the board as being in the public interest and promotes conservation, increases ultimate recovery and prevents waste of oil or gas provided the agreement protects the correlative rights of each owner or producer.
(2) A plan for the development and operation of a pool or field shall be presented to the board and may be approved after notice and hearing.
Enacted by Chapter 205, 1983 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 9.1 - Payment information to royalty owners.

40-6-9.1.
Payment information to royalty owners.
(1) When payment is made to an owner of a royalty interest for the sale of oil or gas produced from that royalty interest pursuant to the requirements of Section 40-6-9, the following information shall be included on the payor's check stub or on an attachment to the form of payment:
(a) the lease, property, or well name, and any lease, property, or well identification number from which production is attributed;
(b) the month and year of the sales included in the payment;
(c) the total volume of oil or gas sold, as measured by the means and upon the standards prescribed by the board pursuant to Subsection 40-6-5(2)(g);
(d) the average price per unit of oil or gas sold;
(e) the total amount of state severance, ad valorem, and other production taxes;
(f) a list of any other deductions or adjustments;
(g) the net value of total sales after taxes are deducted;
(h) the royalty owner's interest, expressed as a decimal number, in sales from the lease, property, or well;
(i) the royalty owner's share of the total value of sales prior to any deductions;
(j) the royalty owner's proportionate share of the sales value less the royalty owner's proportionate share of the deductions, as applicable; and
(k) an address at which additional information pertaining to the royalty owner's interest in production may be obtained and questions may be answered.
(2)
(a) A royalty owner who fails to receive the information required by this section may notify the board by certified mail of the problem and request that the division conduct an investigation.
(b) The division shall conduct the investigation and report to the board concerning:
(i) whether the matter has been resolved; or
(ii) whether further action is necessary and its recommendations for resolution of the matter.
(c) The board may take any action it considers necessary to resolve the matter pursuant to the provisions of this chapter.
(3) A royalty owner damaged by a violation of this section may proceed as provided in Subsection 40-6-11(7).
Enacted by Chapter 132, 1995 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 9.5 - Permits for crude oil production -- Application -- Bond requirement -- Closure of facilities -- Availability of records.

Effective 5/12/2020
40-6-9.5.
Permits for crude oil production -- Application -- Bond requirement -- Closure of facilities -- Availability of records.
(1) The division may issue permits authorizing construction, operation, maintenance, and cessation of treating facilities and operations covered by Subsection 40-6-5(2)(h) and to approve, as part of that permit, post-cessation reclamation of the site.
(2)
(a) An owner and operator of a facility described in Subsection 40-6-5(2)(h) or planning to construct, operate, or maintain a facility described in Subsection 40-6-5(2)(h) shall submit to the division an application stating in detail:
(i) the location, type, and capacity of the facility contemplated;
(ii) the extent and location of area disturbed or to be disturbed including any pits, ponds, or lands associated with the facility;
(iii) a plan for reclamation of the site; and
(iv) other materials required by the division.
(b) Existing facilities described in Subsection 40-6-5(2)(h) shall submit plans by July 28, 1985.
(c) Application for all planned facilities must be approved and a permit issued before any ground clearing or construction may occur.
(3)
(a) As a condition for approval of a permit, the owner and operator shall post a bond in an amount determined by the division to cover reclamation costs for the site consistent with rules made to implement Subsection 40-6-5(2)(f).
(b) Approval of a permit is also conditioned upon compliance with the laws, rules, and orders of the board.
(c) Failure to post the bond is considered sufficient grounds to deny a permit.
(4) The board may order the closure of a facility described in Subsection 40-6-5(2)(h) if:
(a) an application is not forthcoming in the time allowed in Subsection (2);
(b) a bond is not posted;
(c) a violation of the rules and regulations of other state or federal agencies exists; or
(d) for other material and substantial cause.
(5) The owner and operator are subject to applicable state, federal, and local rules and regulations.
(6) The records required to be kept by Subsection 40-6-5(2)(i) shall be available for inspection and audit by the board or the board's agents during reasonable working hours.
Amended by Chapter 375, 2020 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 10 - Procedures -- Adjudicative proceedings -- Emergency orders -- Hearing examiners.

40-6-10.
Procedures -- Adjudicative proceedings -- Emergency orders -- Hearing examiners.
(1)
(a) The Board of Oil, Gas, and Mining and the Division of Oil, Gas, and Mining shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.
(b) The board shall enact rules governing its practice and procedure that are not inconsistent with Title 63G, Chapter 4, Administrative Procedures Act.
(2) When an emergency requiring immediate action is found by the division director or any board member to exist, the division director or board member may issue an emergency order according to the requirements and procedures of Title 63G, Chapter 4, Administrative Procedures Act.
(3) A notice required by this chapter, except as otherwise provided, shall be given at the election of the board by:
(a) personal service; or
(b)
(i) one publication in:
(A) a daily newspaper of general circulation in the city of Salt Lake and county of Salt Lake, Utah; and
(B) all newspapers of general circulation published in the county where the land is affected, or some part of the land is situated; and
(ii) electronic publication in accordance with Section 45-1-101.
(4)
(a) Any order made by the board is effective on issuance.
(b) All rules and orders issued by the board shall be:
(i) in writing;
(ii) entered in full in books to be kept by the board for that purpose;
(iii) indexed; and
(iv) public records open for inspection at all times during reasonable office hours.
(c) A copy of any rule, finding of fact, or order, certified by the board or by the division director, shall be received in evidence in all courts of this state with the same effect as the original.
(5) The board may act upon its own motion or upon the petition of any interested person.
(6)
(a) The board may appoint a hearing examiner to take evidence and to recommend findings of fact and conclusions of law to the board.
(b) Any member of the board, division staff, or any other person designated by the board may serve as a hearing examiner.
(c) The board may enter an order based on the recommendations of the examiner.
Amended by Chapter 5, 2009 Special Session 1
Amended by Chapter 5, 2009 Special Session 1
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 12 - Evasion of chapter or orders -- Penalties -- Limitation of actions.

40-6-12.
Evasion of chapter or orders -- Penalties -- Limitation of actions.
(1)
(a) A person is guilty of a class A misdemeanor if, for the purpose of evading this chapter or any order of the board, he is convicted of any of the following:
(i) making or causing to be made any false entry in any report, record, account, or memorandum required by this chapter or by any order;
(ii) omitting or causing to be omitted from any report, record, account, or memorandum, full, true, and correct entries as required by this chapter or by any order; or
(iii) removing from this state or destroying, mutilating, altering, or falsifying any record, account, or memorandum.
(b) Upon conviction under Subsection (1), a person is subject to a fine of not more than $5,000 or imprisonment for a term not exceeding six months, or to both fine and imprisonment.
(2) Any suit, action, or other proceeding based upon a violation of this section may be commenced only within one year from the date of the alleged violation.
Amended by Chapter 330, 2009 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 13 - Restrictions of production not authorized.

40-6-13.
Restrictions of production not authorized.
This act shall never be construed to require, permit or authorize the board or any court to make, enter or enforce any order, rule, regulation, or judgment requiring restriction of production of any pool or of any well (except a well drilled in violation of Section 40-6-6 hereof) to an amount less than the well or pool can produce unless such restriction is necessary to prevent waste and protect correlative rights, or the operation of a well without sufficient oil or gas production to cover current operating costs and provide a reasonable return, without regard to original drilling costs.
Enacted by Chapter 205, 1983 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 14.5 - Oil and Gas Conservation Account created -- Contents -- Use of account money.

Effective 5/5/2021
40-6-14.5.
Oil and Gas Conservation Account created -- Contents -- Use of account money.
(1) There is created within the General Fund a restricted account known as the Oil and Gas Conservation Account.
(2) The contents of the account shall consist of:
(a) revenues from the fee levied under Section 40-6-14, including any penalties or interest charged for delinquent payments; and
(b) interest and earnings on account money.
(3) Account money shall be used to pay for:
(a) the administration of this chapter in addition to money from the Division of Oil, Gas, and Mining Restricted Account, created in Section 40-6-23;
(b) the plugging and reclamation of abandoned oil or gas wells or bore, core, or exploratory holes for which:
(i) there is no reclamation surety; or
(ii) the forfeited surety is insufficient for plugging and reclamation; and
(c) public educational programs designed to increase knowledge of mineral and petroleum resources and industries.
(4) Priority in the use of the money shall be given to paying for the administration of this chapter.
(5) Appropriations made in accordance with Subsections (3)(b) and (c) are nonlapsing.
(6)
(a) The balance of the Oil and Gas Conservation Account at the end of a fiscal year may not exceed 100% of the fiscal year appropriation for Subsection (3)(a).
(b) Any excess money at the end of the fiscal year above the balance limit established in Subsection (6)(a) shall be transferred to the General Fund.
Amended by Chapter 401, 2021 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 15 - Division created -- Functions -- Director of division -- Qualifications of program administrators.

40-6-15.
Division created -- Functions -- Director of division -- Qualifications of program administrators.
There is created within the Department of Natural Resources the Division of Oil, Gas, and Mining. The division shall implement the policies and orders of the board and perform all other duties delegated by the board.
The director of the Division of Oil, Gas, and Mining shall be appointed by the director of the Department of Natural Resources with the concurrence of the Board of Oil, Gas, and Mining. The director shall be the executive and administrative head of the Division of Oil, Gas, and Mining and shall be a person experienced in administration and knowledgeable in the extraction of oil, gas, and minerals.
Within the division, the person administering the oil and gas program shall have the technical background to efficiently administer that program. The person administering the mining program shall have the technical background to efficiently administer that program.
Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 16 - Duties of division.

Effective 5/4/2022
40-6-16.
Duties of division.
In addition to the duties assigned by the board, the division shall:
(1) develop and implement an inspection program that will include but not be limited to production data, pre-drilling checks, and site security reviews;
(2) publish a monthly production report;
(3) publish a monthly gas processing plant report;
(4) review and evaluate, prior to a hearing, evidence submitted with the petition to be presented to the board;
(5) require adequate assurance of approved water rights in accordance with rules and orders enacted under Section 40-6-5;
(6) notify the county executive of the county in which the drilling will take place in writing of the issuance of a drilling permit;
(7) complete the verification of natural gas to hydrogen conversion plants required by Section 59-5-102; and
(8) issue tax credit certificates in accordance with Section 40-6-24.
Amended by Chapter 108, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 17 - Cooperative research and development projects.

40-6-17.
Cooperative research and development projects.
The board and the Division of Oil, Gas, and Mining are authorized to enter into cooperative agreements with the national, state or local governments, and with independent organizations and institutions for the purpose of carrying out research and development experiments involving energy resources to the extent that the project is funded or partially funded and approved by the Legislature.
Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 18 - Lands subject to chapter.

40-6-18.
Lands subject to chapter.
This act shall apply to all lands in the State of Utah, lawfully subject to its police power, and shall apply to lands of the United States or the lands subject to the jurisdiction of the United States.
Enacted by Chapter 205, 1983 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 19 - Bond and Surety Forfeiture Fund -- Contents -- Use of fund money.

Effective 5/4/2022
40-6-19.
Bond and Surety Forfeiture Fund -- Contents -- Use of fund money.
(1) There is created an administrative fund within the General Fund known as the "Bond and Surety Forfeiture Fund."
(2) Money collected by the Division of Oil, Gas, and Mining as a result of bond or surety forfeitures shall be deposited in the fund.
(3) Interest earned on money in the fund shall accrue to the fund.
(4)
(a) Money from each forfeited bond or surety, together with interest, shall be used by the Division of Oil, Gas, and Mining to accomplish the requisite performance standards under the program to which the forfeited bond or surety corresponds.
(b) Any money not used for a project shall be returned to the rightful claimant.
Amended by Chapter 451, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 20 - Use of surface land by owner or operator.

40-6-20.
Use of surface land by owner or operator.
(1) An owner or operator may:
(a) enter onto surface land under which the owner or operator holds rights to conduct oil and gas operations; and
(b) use the surface land:
(i) to the extent reasonably necessary to conduct oil and gas operations; and
(ii) consistent with allowing the surface land owner the greatest possible use of the surface land owner's property, to the extent that the surface land owner's use does not interfere with the owner's or operator's oil and gas operations.
(2) Subject to Subsection (3), except as is reasonably necessary to conduct oil and gas operations, an owner or operator shall:
(a) mitigate the effects of accessing the surface land owner's surface land;
(b) minimize interference with the surface land owner's use of the surface land owner's property; and
(c) compensate a surface land owner for unreasonable:
(i) loss of a surface land owner's crops on the surface land;
(ii) loss of value to existing improvements owned by a surface land owner on the surface land; and
(iii) permanent damage to the surface land.
(3) An owner or operator is not required to:
(a) obtain location or spacing exceptions from the division or board; or
(b) utilize directional or horizontal drilling techniques that are not:
(i) technologically feasible;
(ii) economically practicable; or
(iii) reasonably available.
(4) The requirements of Subsection (2) do not apply to the extent that they conflict with or impair a contractual provision relevant to an owner's or operator's use of surface land for oil and gas operations.
(5)
(a) The provisions of this section do not prevent:
(i) a person from seeking a remedy allowed by law; or
(ii) an owner or operator and a surface land owner from addressing the use of surface land for oil and gas operations through:
(A) a lease;
(B) a surface use agreement; or
(C) another written contract.
(b) An agreement described in Subsection (5)(a)(ii) shall control:
(i) the use of surface land for oil and gas operations; and
(ii) compensation for damage to the surface land caused by oil and gas operations.
Enacted by Chapter 342, 2012 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 20.5 - Title to pore space.

Effective 5/4/2022
40-6-20.5.
Title to pore space.
(1) Title to pore space underlying the surface estate is vested in the owner of the surface estate.
(2) Nothing in this section shall be interpreted to increase or diminish any property right established under the laws of the state.
Enacted by Chapter 62, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 21 - Mediation.

40-6-21.
Mediation.
(1) A surface land owner and an owner or operator may request non-binding mediation by providing written notice to the other party, if:
(a) they are unable to agree on the amount of damages for unreasonable:
(i) crop loss on the surface land;
(ii) loss of value to existing improvements owned by the surface land owner on the surface land; or
(iii) permanent damage to the surface land; and
(b) the dispute over damages described in Subsection (1)(a) relates to an application for a permit to drill submitted by the owner or operator to the division on or after July 1, 2012.
(2) The division and the Utah Department of Agriculture and Food shall agree on, and maintain a list of, mediators qualified to mediate disputes between an owner or operator and a surface land owner.
(3) An owner or operator and a surface land owner may mutually select a mediator from:
(a) the list maintained under Subsection (2); or
(b) any other source.
(4) The surface land owner and the owner or operator shall equally share the cost of the mediator's services.
(5) The provisions of this section do not prevent or delay an owner or operator from conducting oil and gas operations in accordance with applicable law.
Enacted by Chapter 342, 2012 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 22 - Regulatory certainty to support economic recovery.

Effective 5/4/2022
40-6-22.
Regulatory certainty to support economic recovery.
(1) On or before June 30, 2021, the board or division may not make, amend, or repeal a rule pursuant to this title, if formal rulemaking was not initiated on or before July 1, 2020, unless the rule constitutes:
(a) a state rule related to a federally-delegated program;
(b) a rule mandated by statute to be made, amended, or repealed on or before July 1, 2020; or
(c) subject to Subsection (2), a rule that is necessary because failure to make, amend, or repeal the rule will:
(i) cause an imminent peril to the public health, safety, or welfare;
(ii) cause an imminent budget reduction because of budget restraints or federal requirements;
(iii) place the agency in violation of federal or state law; or
(iv) fail to provide regulatory relief.
(2) In addition to complying with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board or division shall report to the Administrative Rules Review and General Oversight Committee as to whether the need to act meets the requirements of Subsection (1)(c).
(3) On or after August 31, 2020, but on or before June 30, 2021, the board or division may not impose a new fee or increase a fee pursuant to this title or rules made under this title.
(4) Only the Legislature may extend the time limitations of this section.
(5) Notwithstanding the other provisions of this section, this section does not apply to a rule, fee, or fee increase to the extent that the rule, fee, or fee increase applies to an activity in a county of the first or second class.
(6) Notwithstanding the other provisions of this section, the agencies may engage with stakeholders in the process of discussing, developing, and drafting a rule, fee, or fee increase on or after July 1, 2020, but on or before June 30, 2021.
Amended by Chapter 443, 2022 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 6 - Board and Division of Oil, Gas, and Mining › Section 23 - Division of Oil, Gas, and Mining Restricted Account.

Effective 5/5/2021
40-6-23.
Division of Oil, Gas, and Mining Restricted Account.
(1) As used in this section:
(a) "Account" means the Division of Oil, Gas, and Mining Restricted Account created by this section.
(b) "Division" means the Division of Oil, Gas, and Mining.
(2)
(a) There is created a restricted account within the General Fund known as the "Division of Oil, Gas, and Mining Restricted Account."
(b) The account consists of:
(i) deposits to the account made under Section 51-9-306;
(ii) appropriations of the Legislature; and
(iii) interest and other earnings described in Subsection (2)(c).
(c) The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account.
(3)
(a) Upon appropriation by the Legislature, the division shall use money from the account to pay the costs of programs or projects administered by the division.
(b) An appropriation provided for under this section is not intended to replace the following that is otherwise allocated for the programs or projects described in Subsection (3)(a):
(i) federal money; or
(ii) a dedicated credit.
(4) Appropriations made in accordance with this section are nonlapsing in accordance with Section 63J-1-602.1.
Enacted by Chapter 401, 2021 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 7 - Oil and Gas Compact › Section 1 - Interstate compact to conserve oil and gas -- Authority for governor to join.

40-7-1.
Interstate compact to conserve oil and gas -- Authority for governor to join.
The governor of the state of Utah is authorized and directed, for and in the name of the state of Utah to join with the other states in the Interstate Oil Compact to Conserve Oil and Gas, which was executed in Dallas, Texas, on the 16th day of February, 1935, and has been extended to the 1st day of September, 1959, with the consent of Congress, and that said compact and all extensions are now on deposit with the department of state of the United States.
Enacted by Chapter 131, 1957 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 7 - Oil and Gas Compact › Section 2 - Authority for governor to execute extensions or withdraw from compact.

40-7-2.
Authority for governor to execute extensions or withdraw from compact.
The governor of the state of Utah is authorized and empowered, for and in the name of the state of Utah to execute agreements for further extension of the expiration date of said compact to conserve oil and gas, and to determine if and when it shall be to the best interest of the state of Utah to withdraw from said compact upon 60 days' notice as provided by its terms. In the event that he shall determine that the state shall withdraw from said compact he shall have the power and authority to give necessary notice and to take any and all steps necessary and proper to effect the withdrawal of the state of Utah from said compact.
Enacted by Chapter 131, 1957 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 7 - Oil and Gas Compact › Section 3 - Official representative -- Assistant representative.

40-7-3.
Official representative -- Assistant representative.
The governor shall be the official representative of the state of Utah on the "Interstate Oil Compact Commission" provided for in the compact to conserve oil and gas, and shall exercise and perform for the state all of the powers and duties as members of the Interstate Oil Compact Commission; provided, however, that he shall have the authority to appoint an assistant representative who shall act in his stead as the official representative of the state of Utah as a member of said commission.
Enacted by Chapter 131, 1957 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 8 - Utah Mined Land Reclamation Act › Section 2 - Legislative findings.

40-8-2.
Legislative findings.
The Utah Legislature finds that:
(1) A mining industry is essential to the economic and physical well-being of the state of Utah and the nation.
(2) It is necessary to alter the surface of the earth to extract minerals required by our society, but this should be done in such a way as to minimize undesirable effects on the surroundings.
(3) Mined land should be reclaimed so as to prevent conditions detrimental to the general safety and welfare of the citizens of the state and to provide for the subsequent use of the lands affected. Reclamation requirements must be adapted to the diversity of topographic, chemical, climatic, biologic, geologic, economic, and social conditions in the areas where mining takes place.
Enacted by Chapter 130, 1975 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 8 - Utah Mined Land Reclamation Act › Section 3 - Purpose.

40-8-3.
Purpose.
The purpose of this act is to provide that from the effective date of the act, except as otherwise provided in this act, all mining in the state shall include plans for reclamation of the land affected.
Enacted by Chapter 130, 1975 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 8 - Utah Mined Land Reclamation Act › Section 5 - Authority to enforce chapter -- Coordination of procedures -- Department of Environmental Quality.

40-8-5.
Authority to enforce chapter -- Coordination of procedures -- Department of Environmental Quality.
(1)
(a) The board and the division have jurisdiction and authority over all persons and property, both public and private, necessary to enforce this chapter.
(b) The delegation of authority to a state officer, board, division, commission, or agency to administer a law of this state relating to mined land reclamation is withdrawn and the authority is unqualifiedly conferred upon the board and division as provided in this chapter.
(c) Nothing in this chapter affects the right of a landowner, or a public agency having proprietary authority under other provisions of law, to administer lands within the state, to include conditions in a lease, license, bill of sale, deed, right-of-way, permit, contract, or other instrument, if the conditions are consistent with this chapter and the rules adopted under this chapter.
(2)
(a) If federal or local laws or regulations require operators to comply with mined land reclamation procedures separate from those provided for in this chapter, the board and division shall make every effort to have its rules and procedures accepted by the other governing bodies as complying with their respective requirements.
(b) The provisions of Subsections (2)(a) and (d) are established to minimize the need for operators and prospective operators to comply with duplicative, overlapping, or conflicting requirements.
(c) Nothing in this chapter authorizes a political subdivision of the state to impose a condition or restriction on a mining operation located on state or federal land that is not imposed by a federal or state agency on the mining operation.
(d) An ordinance or regulation issued by a political subdivision of the state that is more restrictive than a permit issued under this chapter for a mining operation on state or federal land is unenforceable.
(3) Nothing in this chapter is intended to abrogate or interfere with the powers or duties of the Department of Environmental Quality.
Amended by Chapter 182, 2011 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 8 - Utah Mined Land Reclamation Act › Section 6 - Board -- Powers, functions, and duties.

40-8-6.
Board -- Powers, functions, and duties.
In addition to those provided in Title 40, Chapter 6, Board and Division of Oil, Gas, and Mining, the board has the following powers, functions, and duties:
(1) To enact rules according to the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are reasonably necessary to carry out the purposes of this chapter.
(2) To hold hearings and to issue orders or other appropriate instruments based upon the results of those hearings.
(3) To issue emergency orders according to the requirements and provisions of Title 63G, Chapter 4, Administrative Procedures Act.
(4) To do all other things and take such other actions within the purposes of this act as may be necessary to enforce its provisions.
Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 8 - Utah Mined Land Reclamation Act › Section 7 - Board and division -- Authority.

40-8-7.
Board and division -- Authority.
(1) The board and the division may require:
(a) that a notice of intention for all mining operations be filed with, and approved by, the division, before the mining operation commences or continues pursuant to Sections 40-8-13 and 40-8-23;
(b) the reclamation of lands affected by mining operations after the effective date of this chapter having due regard for innate differences in mineral deposits;
(c) for mining operations, including small mining operations, the furnishing and maintenance of reasonable surety to guarantee that the land affected is reclaimed according to approved plans consistent with on-site conditions;
(d) that the operator rehabilitate, close, or mitigate the impacts of each drill hole, shaft, or tunnel as required under Section 40-8-13;
(e) that the operator pay legally determined public liability and property damage claims resulting from mining operations;
(f) that every operator who conducts mining operations in the state maintain suitable records and make periodic reports to the division as required under this chapter;
(g) that with respect to all mining operations, a notice of intention is filed with and, if required by this chapter, approved by the division before any such mining operations are commenced or continued pursuant to Section 40-8-23;
(h) the suspension of mining operations in an emergency situation;
(i) the payment of fixed, uniform, and nonescalating permit fees; or
(j) that mining operations be conducted to minimize or prevent hazards to public health and safety.
(2) No rule established by the board with respect to mined land reclamation shall have retroactive effect on existing reclamation plans included as a part of an approved notice of intention to commence mining operations which was approved prior to the effective date of the rule.
(3) The board may promulgate rules relating to the surety for mining operations in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 382, 2008 General Session