reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section XV-417 - Revocation and Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Regulatory Authority Responsibility. The office shall conduct an annual
				  compliance review of the mining area, utilizing the annual report submitted
				  pursuant to §419, an on-site inspection and any other information
				  available to the office.
B. If the
				  office has reason to believe that a specific mining area was not exempt under
				  the provisions of this Chapter at the end of the previous reporting period, is
				  not exempt, or will be unable to satisfy the exemption criteria at the end of
				  the current reporting period, the office shall notify the operator that the
				  exemption may be revoked and the reason(s) therefor. The exemption will be
				  revoked unless the operator demonstrates to the office within 30 days that the
				  mining area in question should continue to be exempt.
C.
1. If
				  the office finds that an operator has not demonstrated that activities
				  conducted in the mining area qualify for the exemption, the office shall revoke
				  the exemption and immediately notify the operator and intervenors. If a
				  decision is made not to revoke an exemption, the office shall immediately
				  notify the operator and intervenors.
2. Any adversely affected person may request
				  administrative review of a decision whether to revoke an exemption within 30
				  days of the notification of such decision in accordance with procedures
				  established under §3301
3. A
				  petition for administrative review shall not suspend the effect of a decision
				  whether to revoke an exemption.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 4 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section XV-419 - Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Following approval by the office of an
				  exemption for a mining area, the person receiving the exemption shall, for each
				  mining area, file a written report annually with the office containing the
				  information specified in §419 B
2. The report shall be filed no later than 30
				  days after the end of the 12-month period as determined in accordance with the
				  definition of
cumulative measurement period
in §403
3. The information in the report
				  shall cover:
a. annual production of coal and
				  other minerals and annual revenue derived from coal and other minerals during
				  the preceding 12-month period; and
b. the cumulative production of coal and
				  other minerals and the cumulative revenue derived from coal and other
				  minerals.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 5 - Restriction of Financial Interests of Employees › Section XV-501 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  is authorized to establish, monitor, and enforce the regulations contained in
				  this Chapter. The governor or the commissioner is authorized to expand the
				  provisions in this Chapter in order to meet the particular needs within the
				  state.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 5 - Restriction of Financial Interests of Employees › Section XV-503 - Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  shall:
1. provide advice, assistance and
				  guidance to all state employees required to file statements pursuant to
				  §507;
2. promptly review the
				  statement of employment and financial interests and supplements, if any, filed
				  by each employee, to determine if the employee has correctly identified those
				  listed employment and financial interests which constitute a direct or indirect
				  financial interest in any surface coal mining operation or underground mining
				  operation;
3. resolve prohibited
				  financial interest situations by ordering or initiating remedial action or by
				  reporting the violations to the director who is responsible for initiating
				  action to impose the penalties of the Federal Act;
4. certify on each statement that review has
				  been made, that prohibited financial interests, if any, have been resolved and
				  that no other prohibited interests have been identified from the
				  statement;
5. submit to the
				  director such statistics and information as he or she may request to enable
				  preparation of the required annual report to Congress;
6. submit to the director the initial listing
				  and the subsequent annual listings of positions as required by
				  30 CFR 705.11(b), (c) and
				  (d);
7. furnish a blank statement 45 days in
				  advance of the filing date established by §509. A to each state employee
				  required to file a statement; and
8. inform annually each state employee
				  required to file a statement with the commissioner of the name, address and
				  telephone number of the person whom they may contact for advice and
				  counseling.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 5 - Restriction of Financial Interests of Employees › Section XV-505 - Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Criminal
				  penalties are imposed by §917. F of the Act. §917. F prohibits each
				  employee of the office who performs any function or duty under the Act from
				  having a direct or indirect financial interest in any surface coal mining
				  operation. The Act provides that whoever knowingly violates the provisions of
				  §917. F shall, upon conviction, be punished by a fine of not more than
				  $2,500 or by imprisonment of not more than one year or both.
B. Regulatory penalties are imposed by this
				  Chapter. The provisions in §917. F of the Act make compliance with the
				  financial interest requirements a condition of employment for employees of the
				  office who perform any functions or duties under the Act. Accordingly, an
				  employee who fails to file the required statement will be considered in
				  violation of the intended employment provisions of §917. F and will be
				  subject to removal from his or her position.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 5 - Restriction of Financial Interests of Employees › Section XV-507 - Who Shall File

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any employee who
				  performs any function or duty under the Act is required to file a statement of
				  employment and financial interests. An employee who occupies a position which
				  has been determined by the commissioner not to involve performance of any
				  function or duty under the Act or who is no longer employed by the office at
				  the time a filing is due is not required to file a statement.
B. The commissioner shall prepare a list of
				  those positions within the office that do not involve performance of any
				  functions or duties under the Act. Only those employees who are employed in a
				  listed organizational unit or who occupy a listed position will be exempted
				  from the filing requirements of §917. F of the Act.
C. The commissioner shall prepare and submit
				  to the director an initial listing of positions that do not involve performance
				  of any functions or duties under the Act within 60 days of the effective date
				  of these regulations.
D. The
				  commissioner shall annually review and update this listing. For monitoring and
				  reporting reasons, the listing must be submitted to the director and must
				  contain a written justification for inclusion of the provisions listed.
				  Proposed revisions or a certification that revision is not required shall be
				  submitted to the director by no later than September 30 of each year. The
				  commissioner may revise the listing by the addition or deletion of positions at
				  any time he or she determines such revisions are required to carry out the
				  purpose of the law or the regulations of this Chapter. Additions to and
				  deletions from the listing of positions are effective upon notification to the
				  incumbents of the positions added or deleted.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 5 - Restriction of Financial Interests of Employees › Section XV-509 - When to File

Current through Register Vol. 50, No. 6, June 20, 2024
A. Employees
				  performing functions or duties under the Act shall file within 120 days of the
				  effective date of these regulations; and annually on February 1 of each year,
				  or at such other date as may be agreed to by the director, provided that such
				  alternative date will allow sufficient time to obtain information needed by the
				  director for his or her annual report to Congress.
B. New employees hired, appointed or
				  transferred to perform functions or duties under the Act will be required to
				  file at the time of entrance to duty.
C. New employees are not required to file an
				  annual statement on the subsequent annual filing date if this date occurs
				  within two months after their initial statement was filed. For example, an
				  employee entering duty on December 1, 1988 would file a statement on that date.
				  Because December 1 is within two months of February 1, the employee would not
				  be required to file his or her next statement until February 1, 1990.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 5 - Restriction of Financial Interests of Employees › Section XV-511 - Where to File

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  shall file his or her statement with the director. All other employees, as
				  provided in §507, shall file their statement with the
				  commissioner.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 5 - Restriction of Financial Interests of Employees › Section XV-513 - What to Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  employee shall report all information required on the statement of employment
				  and financial interests of the employee, his or her spouse, minor children, or
				  other relatives who are fulltime residents of the employee's home. The report
				  shall be on forms as provided by the office. The statement consists of three
				  major parts:
1. a listing of all financial
				  interests, including employment, security, real property, creditor and other
				  financial interests held during the course of the preceding year;
2. a certification that none of the listed
				  financial interests represent a direct or indirect financial interest in any
				  surface coal mining operation or underground mining operation except as
				  specifically identified and described by the employee as part of the
				  certificate; and
3. a certification
				  by the reviewer that the form was reviewed, that prohibited interests have been
				  resolved, and that no other prohibited interests have been identified from the
				  statement.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 5 - Restriction of Financial Interests of Employees › Section XV-515 - Gifts and Gratuities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except
				  as provided in §515 B, employees shall not solicit nor accept, directly
				  or indirectly, any gift, gratuity, favor, entertainment, loan or any other
				  thing of monetary value from a coal company which:
1. conducts or is seeking to conduct
				  operations or activities that are regulated by the office; or
2. has interests that may be substantially
				  affected by the performance or nonperformance of the employee's official
				  duty.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 5 - Restriction of Financial Interests of Employees › Section XV-517 - Resolving Prohibited Interests

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Actions to be Taken by the Commissioner
1.
				  Remedial Action to Effect Resolution. If an employee has a prohibited financial
				  interest, the commissioner shall promptly advise the employee that remedial
				  action which will resolve the prohibited interest is required within 90
				  days.
2. Remedial action may
				  include: reassignment of the employee to a position which performs no function
				  or duty under the Act; divestiture of the prohibited financial interest; other
				  appropriate action which either eliminates the prohibited interest or
				  eliminates the situation which creates the conflict.
3. Reports of Noncompliance. If, 90 days
				  after an employee is notified to take remedial action, that employee is not in
				  compliance with the requirements of the Act and these regulations, the
				  commissioner shall notify the director of his determination and shall provide a
				  report to the director, including the original or a certified true copy of the
				  employee's statement and any other pertinent information.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 5 - Restriction of Financial Interests of Employees › Section XV-519 - Appeals Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Employees
				  have the right to appeal an order for remedial action under
				  §517 and shall
				  have 30 days to exercise this right before disciplinary action is initiated.
1. Employees other than the commissioner may
				  file their appeal, in writing, through procedures established by the Department
				  of Natural Resources.
2. The
				  commissioner may file his or her appeal, in writing, with the director who will
				  refer it to the Conflict of Interest Appeals Board within the United States
				  Department of the Interior.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 7 - Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction › Section XV-701 - Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office is
				  responsible for enforcing the requirements of this Chapter.
B. Any person conducting coal extraction as
				  an incidental part of government-financed construction is responsible for
				  possessing, on the site of the extraction operation, the documentation required
				  by §705
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 7 - Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction › Section XV-703 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Coal extraction
				  which is an incidental part of government-financed construction is exempt from
				  the Act and these regulations.
B.
				  Any person who conducts or intends to conduct coal extraction which does not
				  satisfy §703. A shall not proceed until a permit has been obtained from
				  the office.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 1 - General Information › Chapter 7 - Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction › Section XV-705 - Information to be Maintained on Site

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person extracting coal incident to
				  government-financed highway or other construction who extracts more than 250
				  tons of coal or affects more than 2 acres shall maintain, on the site of the
				  extraction operation and available for inspection, documents which show:
1. a description of the construction
				  project;
2. the exact location of
				  the construction, right-of-way or the boundaries of the area which will be
				  directly affected by the construction; and
3. the government agency which is providing
				  the financing and the kind and amount of public financing, including the
				  percentage of the entire construction costs represented by the government
				  financing.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 9 - General › Section XV-901 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office is
				  authorized, under §922 of the Act, to establish a database and inventory
				  system and a petition process to designate any nonfederal and non-Indian land
				  areas of the state as unsuitable for all or certain types of surface coal
				  mining operations.
B. The
				  commissioner is authorized to:
1. conduct a
				  review of public lands to determine whether any area on these lands is
				  unsuitable for all or certain types of surface coal mining
				  operations;
2. establish a process
				  for the public to petition to have an area of public lands designated as
				  unsuitable for all or certain types of surface coal mining
				  operations.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 9 - General › Section XV-903 - Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  shall establish a process that includes a database and inventory system for
				  designating lands unsuitable for surface coal mining operations which shall be
				  available to the public.
B. The
				  office shall integrate as closely as possible decisions to designate lands as
				  unsuitable for surface coal mining operations with present and future land-use
				  planning and regulatory processes at the federal, state and local
				  levels.
C. The office shall
				  establish a process that allows any person, having an interest which is or may
				  be adversely affected, to petition to have an area designated as unsuitable for
				  all or certain types of surface coal mining operations or to have a designation
				  terminated.
D. The office shall
				  prohibit or limit surface coal mining operations on certain lands and in
				  certain locations designated by Congress in §522(e) of the Federal Act,
				  30 U.S.C.
				  1272(e).
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 11 - Areas Designated by Act of Congress › Section XV-1101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office is
				  authorized by §922 of the Act to prohibit or limit surface coal mining
				  operations on or near certain private, federal and other public
				  lands.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 11 - Areas Designated by Act of Congress › Section XV-1103 - Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall
				  comply with Chapters 17 to 37 and determine whether an application for a permit
				  must be denied because surface coal mining operations on those lands are
				  prohibited or limited by §522(e) of the Federal Act,
				  30 U.S.C.
				  1272(e), §922 of the
				  Act, and this Chapter.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 11 - Areas Designated by Act of Congress › Section XV-1105 - Areas Where Mining Is Prohibited or Limited

Current through Register Vol. 50, No. 6, June 20, 2024
A. No surface coal mining operation shall be
				  conducted on the following lands unless the applicant has either valid existing
				  rights, as determined under §2323, or qualifies for the exception for
				  existing operations under §1109:
1. on
				  any lands within the boundaries of the National Park System, the National
				  Wildlife Refuge System, the National System of Trails, the National Wilderness
				  Preservation System, the Wild and Scenic Rivers System, including study rivers
				  designated under §5(a) of the Wild and Scenic Rivers Act,
				  16
				  U.S.C. 1276(a), or study
				  rivers or study river corridors as established in any guidelines pursuant to
				  that Act, and National Recreation Areas designated by Act of
				  Congress;
2. on any state or
				  federal lands within the boundaries of any state or national forest; provided,
				  however, that surface coal mining operations may be permitted on state lands if
				  the commissioner finds that there are no significant recreational, timber,
				  economic or other values which may be incompatible with surface coal mining
				  operations;
3. on any lands which
				  will adversely affect any publicly owned park or any place included on the
				  National Register of Historic Places, unless approved jointly by the office and
				  the federal, state or local agency with jurisdiction over the park or
				  place;
4. within 100 feet measured
				  horizontally of the outside right-of-way line of any public road, except:
a. where mine access roads or haulage roads
				  join such right-of-way line;
b.
				  where the office allows the public road to be relocated or the area affected to
				  be within 100 feet of such road, after public notice and opportunity for a
				  public hearing in accordance with §1107 D, and after making a written
				  finding that the interests of the affected public and landowners will be
				  protected;
5. within 300
				  feet measured horizontally from any occupied dwelling, unless the owner thereof
				  has provided a written waiver consenting to surface coal mining operations
				  closer than 300 feet;
6. within 300
				  feet measured horizontally of any public building, school, church, community or
				  institutional building or public park;
7. within 100 feet measured horizontally of a
				  cemetery.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 11 - Areas Designated by Act of Congress › Section XV-1107 - Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt of
				  a complete application for a surface coal mining and reclamation operation
				  permit, the office shall review the application to determine whether surface
				  coal mining operations are limited or prohibited under
				  §1105 on the
				  lands which would be disturbed by the proposed operation.
B. The office shall reject any portion of the
				  application that would locate surface coal mining operations on land protected
				  under §1105 unless:
1. the site qualifies for the exception for
				  existing operations under §1109;
2. a person has valid existing rights for the
				  land, as determined under §2323;
3. the applicant obtains a waiver or
				  exception from the prohibitions of
				  §1105 in
				  accordance with §1107. D or E; or
4. for lands protected by §1105. A 3,
				  both the office and the agency with jurisdiction over the park or place jointly
				  approve the proposed operation in accordance with §1107 F
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 11 - Areas Designated by Act of Congress › Section XV-1109 - Exception for Existing Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The prohibitions and limitations of
				  §1105 do not
				  apply to surface coal mining operations for which a valid permit, issued under
				  Subpart 3 of these regulations, exists when the land comes under the protection
				  of §1105 This exception applies only to lands within the permit area as
				  it exists when the land comes under the protection of §1105
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 13 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section XV-1301 - Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall
				  use the criteria in this Chapter for the evaluation of each petition for the
				  designation of areas as unsuitable for surface coal mining
				  operations.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 13 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section XV-1303 - Criteria for Designating Lands as Unsuitable

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon petition an area shall be designated
				  as unsuitable for all or certain types of surface coal mining operations, if
				  the office determines that reclamation is not technologically and economically
				  feasible under the Act or these regulations.
B. Upon petition an area may be, but is not
				  required to be, designated as unsuitable for certain types of surface coal
				  mining operations, if the operations will:
1.
				  be incompatible with existing state or local land use plans or
				  programs;
2. affect fragile or
				  historic lands in which the operations could result in significant damage to
				  important historic, cultural, scientific or aesthetic values or natural
				  systems;
3. affect renewable
				  resource lands in which the operations could result in a substantial loss or
				  reduction of long-range productivity of water supply or of food or fiber
				  products;
4. affect natural hazard
				  lands in which the operations could substantially endanger life and property,
				  such lands to include areas subject to frequent flooding and areas of unstable
				  geology.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 13 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section XV-1305 - Additional Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office
				  may establish additional or more stringent criteria for determining whether
				  lands within the state should be designated as unsuitable for surface coal
				  mining operations.
B. Additional
				  criteria will be determined to be more stringent on the basis of whether they
				  provide for greater protection of the public health, safety and welfare or the
				  environment, such that areas beyond those specified in the criteria of this
				  Chapter would be designated as unsuitable for surface coal mining
				  operations.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 13 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section XV-1307 - Land Exempt from Designation as Unsuitable for Surface Coal Mining Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  requirements of this Chapter do not apply to lands covered by a permit issued
				  under the Act.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 13 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section XV-1309 - Exploration or Development on Land Designated as Unsuitable for Surface Coal Mining Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Designation of any area as unsuitable for all or certain types of surface coal
				  mining operations pursuant to §922 of the Act and regulations of this
				  Subpart does not prohibit coal exploration or development operations in the
				  area, if conducted in accordance with the Act, these regulations or a federal
				  program and other applicable requirements. Exploration or development
				  operations on any lands designated unsuitable for surface coal mining
				  operations must be approved by the office under Chapter 21, to insure that
				  exploration or development does not interfere with any value for which the area
				  has been designated unsuitable for surface coal mining.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 15 - State Process for Designating Areas Unsuitable for Surface Coal Mining Operations › Section XV-1501 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  has authority to develop procedures and standards, consistent with this
				  Chapter, to designate lands unsuitable for all or certain types of surface coal
				  mining operations and to terminate such designations.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 15 - State Process for Designating Areas Unsuitable for Surface Coal Mining Operations › Section XV-1503 - Procedures: General Process Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall establish a process
				  enabling objective decisions to be made on which, if any, land areas of the
				  state are unsuitable for all or certain types of surface coal mining
				  operations. These decisions shall be based on competent, scientifically sound
				  data and requirements listed in §1505-1517
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 15 - State Process for Designating Areas Unsuitable for Surface Coal Mining Operations › Section XV-1505 - Procedures : Petitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Right to
				  Petition. Any person having an interest which is or may be adversely affected
				  has the right to petition the office to have an area designated as unsuitable
				  for surface coal mining operations, or to have an existing designation
				  terminated.
B. Designation. The
				  only information that a petitioner need provide is: identification of the
				  petitioned area, including its location and size, and a U.S. Geological Survey
				  topographic map outlining the perimeter of the petitioned area; allegations of
				  facts and supporting evidence which would tend to establish that the area is
				  unsuitable for all or certain types of surface coal mining operations; a
				  description of how mining of the area has affected or may adversely affect
				  people, land, air, water or other resources; the petitioner's name, address,
				  telephone number and notarized signature; and identification of the
				  petitioner's interest which is or may be adversely affected.
C. Termination. The only information that a
				  petitioner need provide to terminate a designation is:
1. identification of the petitioned area,
				  including its location and size, and a U.S. Geological Survey topographic map
				  outlining the perimeter of the petitioned area to which the termination
				  petition applies;
2. allegations of
				  facts, with supporting evidence, not contained in the record of the proceeding
				  in which the area was designated unsuitable, which would tend to establish the
				  statements or allegations, and which statements or allegations indicate that
				  the designation should be terminated based on:
a. the nature or abundance of the protected
				  resource or condition or other basis of the designation if the designation was
				  based on criteria found in §1303 B;
b. reclamation now being technologically and
				  economically feasible, if the designation was based on the criteria found in
				  §1303 A; or
c. the resources
				  or condition not being affected by surface coal mining operations, or in the
				  case of land use plans, not being incompatible with surface coal mining
				  operations during and after mining, if the designation was based on the
				  criteria found in §1303 B;
3. the petitioner's name, address, telephone
				  number and notarized signature;
4.
				  identification of the petitioner's interest which is or may be adversely
				  affected by the continuation of the designation.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 15 - State Process for Designating Areas Unsuitable for Surface Coal Mining Operations › Section XV-1507 - Procedures: Initial Processing, Recordkeeping, and Notification Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Within 30 days of receipt of a petition,
				  the office shall notify the petitioner by certified mail whether or not the
				  petition is complete under §1505. B or C.
2. The office shall determine whether any
				  identified coal resources exist in the area covered by the petition, without
				  requiring any showing from the petitioner. If the office finds there are not
				  any identified coal resources in that area, it shall return the petition to the
				  petitioner with a statement of the findings.
3. The office may reject petitions for
				  designations or terminations of designations which are frivolous. Once the
				  requirements of
				  §1505 are met,
				  no party shall bear any burden of proof, but each accepted petition shall be
				  considered and acted upon by the office pursuant to the procedures of this
				  Chapter.
4. When considering a
				  petition for an area which was previously and unsuccessfully proposed for
				  designation, the office shall determine if the new petition presents new
				  allegations of fact. If the petition does not contain new allegations of fact,
				  the office shall not consider the petition and shall return the petition to the
				  petitioner, with a statement of its findings and a reference to the record of
				  the previous designation proceedings where the facts were considered.
5. If the office determines that the petition
				  is incomplete or frivolous, it shall return the petition to the petitioner,
				  with a written statement of the reasons for the determination and the
				  categories of information needed to make the petition complete.
6. The office shall notify the person who
				  submits a petition of any application for a permit received which proposed to
				  include any area covered by the petition.
7. Any petitions received after the close of
				  the public comment period on a permit application relating to the same mine
				  plan area shall not prevent the office from issuing a decision on that permit
				  application. The office may return any petition received thereafter to the
				  petitioner with a statement why the office cannot consider the petition. For
				  the purposes of this Section, close of the public comment period shall mean the
				  close of any informal conference held under §3109, or, if no conference is
				  requested, at the close of the period for filing written comments and
				  objections under §3105-3107
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 15 - State Process for Designating Areas Unsuitable for Surface Coal Mining Operations › Section XV-1509 - Procedures: Hearing Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Within 10 months after receipt of a complete petition, the office shall hold a
				  public hearing in the locality of the area covered by the petition. If all
				  petitioners and intervenors agree, the hearing need not be held. The hearing
				  shall be legislative and fact-finding in nature, without cross-examination of
				  witnesses. The office shall make a transcript of the hearing.
B.
1. The
				  office shall give notice of the date, time and location of the hearing to:
a. local, state and federal agencies which
				  may have an interest in the decision on the petition;
b. the petitioner and the intervenors;
				  and
c. any person with an ownership
				  or other interest known to the office in the area covered by the
				  petition.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 15 - State Process for Designating Areas Unsuitable for Surface Coal Mining Operations › Section XV-1511 - Procedures: Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. In reaching
				  its decision, the office shall use:
1. the
				  information contained in the database and inventory system;
2. information provided by other governmental
				  agencies;
3. the detailed statement
				  prepared under §1509 E; and
4. any other relevant information submitted
				  during the comment period.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 15 - State Process for Designating Areas Unsuitable for Surface Coal Mining Operations › Section XV-1513 - Data Base and Inventory System Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall develop a database and
				  inventory system which will permit evaluation of whether reclamation is
				  feasible in areas covered by petitions.
B. The office shall include in the system
				  information relevant to the criteria in
				  §1303 including, but not limited to, information
				  received from the U.S. Fish and Wildlife Service, the state historic
				  preservation officer and the agency administering §127 of the Clean Air
				  Act, as amended (42 U.S.C.
				  7470 et seq.).
C. The office shall add to the database and
				  inventory system information:
1. on potential
				  coal resources of the state, demand for those resources, the environment, the
				  economy and the supply of coal sufficient to enable the office to prepare the
				  statements required by §1509 E; and
2. that becomes available from petitions,
				  publications, experiments, permit applications, mining and reclamation
				  operations and other sources.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 15 - State Process for Designating Areas Unsuitable for Surface Coal Mining Operations › Section XV-1515 - Public Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  office shall:
1. make the information in the
				  data base and inventory system developed under
				  §1513 available
				  to the public for inspection free of charge and for copying at reasonable cost,
				  except that specific information relating to location of properties proposed to
				  be nominated to, or listed in, the National Register of Historic Places need
				  not be disclosed if the office determines that the disclosure of such
				  information would create a risk of destruction or harm to such
				  properties;
2. provide information
				  to the public on the petition procedures necessary to have an area designated
				  as unsuitable for all or certain types of surface coal mining operations or to
				  have designations terminated and describe how the inventory and data base
				  system can be used.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 2 - Areas Unsuitable for Mining › Chapter 15 - State Process for Designating Areas Unsuitable for Surface Coal Mining Operations › Section XV-1517 - Office of Conservation Responsibility for Implementation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall
				  not issue permits which are inconsistent with designations made pursuant to
				  Chapters 9, 11, 13 or 15.
B. The
				  office shall maintain a map of areas designated as unsuitable for all or
				  certain types of surface coal mining operations.
C. The office shall make available to any
				  person any information within its control regarding designations, including
				  mineral or elemental content which is potentially toxic in the environment
				  except for proprietary information on the chemical and physical properties of
				  the coal.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 17 - General Requirements for Permit, Exploration and Development Procedure Systems › Section XV-1701 - Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Persons seeking
				  to engage in surface coal mining and reclamation operations must submit an
				  application for and obtain a permit for those operations in accordance with
				  this Subpart. Persons seeking to conduct coal exploration or development
				  operations must first file the notice of intention or obtain approval of the
				  office as required under Chapter 21.
B. The office shall review each application
				  for exploration approval and for a permit, approve or disapprove each permit
				  application or exploration application, and issue, condition, suspend or revoke
				  exploration approval, permits, renewals or revised permits.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 17 - General Requirements for Permit, Exploration and Development Procedure Systems › Section XV-1703 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Subpart
				  applies to each person who applies for a permit for surface coal mining and
				  reclamation operations or conducts surface coal mining and reclamation
				  operations pursuant to a permit under these regulations and to persons who seek
				  to conduct coal exploration or development operations under these
				  regulations.
B. This Subpart
				  applies to the office and, where specifically provided, to the
				  commissioner.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 17 - General Requirements for Permit, Exploration and Development Procedure Systems › Section XV-1705 - Coordination with Requirements under Other Laws

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall provide for the
				  coordination of review and issuance of permits for surface coal mining and
				  reclamation operations. These shall include but not be limited to applicable
				  requirements of the Endangered Species Act of 1973, as amended (16
				  U.S.C. 1531 et seq.); the Fish and Wildlife
				  Coordination Act, as amended (16 U.S.C.
				  661 et seq.); the Migratory Bird Treaty Act
				  of 1918, as amended (16 U.S.C.
				  703 et seq.); the National Historic
				  Preservation Act of 1966, as amended (16 U.S.C.
				  470 et seq.); the Bald Eagle Protection Act,
				  as amended (16 U.S.C.
				  668 a); and Executive Order 11593.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 19 - General Requirements for Permits and Permit Applications › Section XV-1901 - General Requirements for Permits: Operators

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall engage in or carry out
				  surface coal mining and reclamation operations on nonfederal or non-Indian
				  lands within the state, unless that person has first obtained a valid permit
				  issued by the office.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 19 - General Requirements for Permits and Permit Applications › Section XV-1903 - Compliance with Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  persons shall conduct surface coal mining and reclamation operations under
				  permits issued pursuant to the Act and these regulations and shall comply with
				  the terms and conditions of the permit and the requirements of the Act and
				  these regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.