reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 152 - Community Hospitals Authority › Chapter 1 - General Agency Rules › Subchapter 3 - Meetings › Section 152:1-3-6 - Robert's Rules of Order

Current through Vol. 41, No. 20, July 1, 2024
All meetings of the Authority shall be conducted in accordance with Robert's Rules of Order except as modified herein or by statute.
Added at 20 Ok Reg 466, eff 12-17-02 through 7-14-03 (emergency)1; Added at 20 Ok Reg 2813, eff 8-25-03
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-03 (after the 7-14-03 expiration of the emergency action), Section 152:1-3-6 was no longer effective, and remained as such until added by permanent action on 8-25-03.
Oklahoma Administrative Code › Title 152 - Community Hospitals Authority › Chapter 1 - General Agency Rules › Subchapter 5 - General Course and Method of Operations › Section 152:1-5-1 - Principal office

Current through Vol. 41, No. 20, July 1, 2024
The principal office of the Community Hospitals Authority is at St. John's Medical Center, 1924 South Utica, Tulsa, Oklahoma, 74104.
Added at 20 Ok Reg 466, eff 12-17-02 through 7-14-03 (emergency)1; Added at 20 Ok Reg 2813, eff 8-25-03; Amended at 23 Ok Reg 3210, eff 9-11-06
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-03 (after the 7-14-03 expiration of the emergency action), Section 152:1-5-1 was no longer effective, and remained as such until added by permanent action on 8-25-03.
Oklahoma Administrative Code › Title 152 - Community Hospitals Authority › Chapter 1 - General Agency Rules › Subchapter 5 - General Course and Method of Operations › Section 152:1-5-2 - Office hours

Current through Vol. 41, No. 20, July 1, 2024
Office hours shall be from 8:00 a.m. to 4:30 p.m., unless otherwise designated by the Executive Director, Monday through Friday inclusive, excepting legal holidays established by statute or proclamation of the Governor.
Added at 20 Ok Reg 466, eff 12-17-02 through 7-14-03 (emergency)1; Added at 20 Ok Reg 2813, eff 8-25-03
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-03 (after the 7-14-03 expiration of the emergency action), Section 152:1-5-2 was no longer effective, and remained as such until added by permanent action on 8-25-03.
Oklahoma Administrative Code › Title 152 - Community Hospitals Authority › Chapter 1 - General Agency Rules › Subchapter 5 - General Course and Method of Operations › Section 152:1-5-3 - Exercise of powers

Current through Vol. 41, No. 20, July 1, 2024
The Authority may exercise its official powers at any location in the State of Oklahoma.
Added at 20 Ok Reg 466, eff 12-17-02 through 7-14-03 (emergency)1; Added at 20 Ok Reg 2813, eff 8-25-03
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-03 (after the 7-14-03 expiration of the emergency action), Section 152:1-5-3 was no longer effective, and remained as such until added by permanent action on 8-25-03.
Oklahoma Administrative Code › Title 152 - Community Hospitals Authority › Chapter 1 - General Agency Rules › Subchapter 5 - General Course and Method of Operations › Section 152:1-5-4 - Writing to the Authority

Current through Vol. 41, No. 20, July 1, 2024
Every communication in writing to the Authority shall be addressed to the Executive Director of the Authority at the principal office designated above.
Added at 20 Ok Reg 466, eff 12-17-02 through 7-14-03 (emergency)1; Added at 20 Ok Reg 2813, eff 8-25-03
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-03 (after the 7-14-03 expiration of the emergency action), Section 152:1-5-4 was no longer effective, and remained as such until added by permanent action on 8-25-03.
Oklahoma Administrative Code › Title 152 - Community Hospitals Authority › Chapter 1 - General Agency Rules › Subchapter 5 - General Course and Method of Operations › Section 152:1-5-5 - Records

Current through Vol. 41, No. 20, July 1, 2024
(a)
Rules and policy.
All rules shall ve available at the principal office during regular business hours.
(b)
Proceedings and forms.
All final orders, decisions, and opinions, and all forms, applications, and instructions which are required to be completed in applying for a license or permit, shall be available within the offices of the Authority during regular business hours.
(c)
Copies.
Copies of all official records of the Authority not privileged from disclosure by law shall be available for inspection at the principal office during regular office hours. Copies of such records, certified by the Executive Director or his designee, may be made, and the expense of such copies shall be paid by the person requesting the same.
Added at 20 Ok Reg 466, eff 12-17-02 through 7-14-03 (emergency)1; Added at 20 Ok Reg 2813, eff 8-25-03
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-03 (after the 7-14-03 expiration of the emergency action), Section 152:1-5-5 was no longer effective, and remained as such until added by permanent action on 8-25-03.
Oklahoma Administrative Code › Title 152 - Community Hospitals Authority › Chapter 1 - General Agency Rules › Subchapter 7 - Rulemaking Procedures › Section 152:1-7-1 - Rulemaking

Current through Vol. 41, No. 20, July 1, 2024
The Authority may adopt, amend, or repeal a rule of its own initiative, at the request of the Executive Director, or upon a petition filed under the APA.
Added at 20 Ok Reg 466, eff 12-17-02 through 7-14-03 (emergency)1; Added at 20 Ok Reg 2813, eff 8-25-03
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-03 (after the 7-14-03 expiration of the emergency action), Section 152:1-7-1 was no longer effective, and remained as such until added by permanent action on 8-25-03.
Oklahoma Administrative Code › Title 152 - Community Hospitals Authority › Chapter 1 - General Agency Rules › Subchapter 7 - Rulemaking Procedures › Section 152:1-7-2 - Petitions for rule making

Current through Vol. 41, No. 20, July 1, 2024
(a)
Form.
Any interested person may request the Authority to adopt, amendment, or repeal a rule. A request shall be in the form of a letter.
(b)
Form and consent.
All such requests shall be in writing, and be filed with the Executive Director at the principal office. The requests shall state, clearly and concisely, all matters pertaining to the requested action and the reasons for the request.
(c)
Consideration of requests.
Requests concerning rules will be considered by the Authority at its next regularly scheduled meeting or at a special meeting. The Authority may, in its discretion, postpone the discussion and ruling on the request until the next regular or special meeting and shall notify all parties of such postponement. Upon hearing the requests, the Authority will notify the requester whether the Authority will consider rule-making action.
Added at 20 Ok Reg 466, eff 12-17-02 through 7-14-03 (emergency)1; Added at 20 Ok Reg 2813, eff 8-25-03
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-03 (after the 7-14-03 expiration of the emergency action), Section 152:1-7-2 was no longer effective, and remained as such until added by permanent action on 8-25-03.
Oklahoma Administrative Code › Title 152 - Community Hospitals Authority › Chapter 1 - General Agency Rules › Subchapter 7 - Rulemaking Procedures › Section 152:1-7-3 - Rulemaking hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) The Executive Director may conduct hearings on proposed rules, amendments to or repeal of rule, and shall conduct such hearings when so directed by the Authority.
(b)
Location of hearings.
Unless otherwise specified, and stated in the notice of hearing, all hearings shall be conducted in the offices of the Authority.
(c)
Interested persons.
Any person who is interested or affected by a proposed action may appear at the hearing. An appearance may be made individually, or by an attorney.
Added at 20 Ok Reg 466, eff 12-17-02 through 7-14-03 (emergency)1; Added at 20 Ok Reg 2813, eff 8-25-03
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-03 (after the 7-14-03 expiration of the emergency action), Section 152:1-7-3 was no longer effective, and remained as such until added by permanent action on 8-25-03.
Oklahoma Administrative Code › Title 152 - Community Hospitals Authority › Chapter 1 - General Agency Rules › Subchapter 7 - Rulemaking Procedures › Section 152:1-7-4 - Opportunity to submit data, views and arguments

Current through Vol. 41, No. 20, July 1, 2024
Prior to the adoption, amendment, or repeal of a rule, the Authority shall afford any interested persona a reasonable opportunity to submit data, vies, and arguments, either oral or written, concerning such proposed action.
Added at 20 Ok Reg 466, eff 12-17-02 through 7-14-03 (emergency)1; Added at 20 Ok Reg 2813, eff 8-25-03
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-03 (after the 7-14-03 expiration of the emergency action), Section 152:1-7-4 was no longer effective, and remained as such until added by permanent action on 8-25-03.
Oklahoma Administrative Code › Title 152 - Community Hospitals Authority › Chapter 1 - General Agency Rules › Subchapter 7 - Rulemaking Procedures › Section 152:1-7-5 - Emergency rules

Current through Vol. 41, No. 20, July 1, 2024
The Authority may adopt an emergency rule without adherence to the above rules concerning notice and hearing. All emergency rules, however, must be adopted in accord with the Administrative Procedures Act, and shall be effective as specified in the Act.
Added at 20 Ok Reg 466, eff 12-17-02 through 7-14-03 (emergency)1; Added at 20 Ok Reg 2813, eff 8-25-03
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-03 (after the 7-14-03 expiration of the emergency action), Section 152:1-7-5 was no longer effective, and remained as such until added by permanent action on 8-25-03.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 1 - Operation of the Commission › Section 155:1-1-3 - Appointment and tenure of members

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Conservation Commission, hereinafter designated "Commission," is comprised of five (5) members appointed by the Governor and subject to confirmation by the Senate for a five (5) year term. One appointment is made from each of the following designated areas of the State derived from the following Conservation Districts:
(1) area 1 - Alfalfa County, Beaver County, Blaine County, Central North Canadian River, Cimarron County, Cimarron Valley, Dewey County, East Canadian County, East Woods County, Ellis County, Garfield County, Grant County, Harper County, Kingfisher County, Major County, Texas County, Woods County, Woodward County;
(2) area II - Arbuckle, Cleveland County, Garvin, Kay County, Konawa, Lincoln County, Logan County, Love County, McClain County, Murray County, Noble County, Oklahoma County, Pawnee County, Payne County, Seminole County, Shawnee;
(3) area III - Adair County, Caney Valley, Cherokee County, Craig County, Creek County, Delaware County, Mayes County, Muskogee County, Nowata County, Okmulgee County, Osage County, Ottawa County, Rogers County, Sequoyah County, Tulsa County, Wagoner County;
(4) area IV - Comanche County, Cotton County, Custer County, Deer Creek, Grady County, Greer County, Harmon County, Jackson County, Jefferson County, Kiowa County, Mountain View, North Caddo, North Fork of Red River, South Caddo, Stephens County, Tillman County, Upper Washita, Washita County, West Caddo; and
(5) area V - Atoka County, Bryan, Checotah, Coal County, Haskell County, Hughes County, Johnston County, Kiamichi, Latimer County, LeFlore County, Little River, Marshall County, McIntosh County, Okfuskee County, Pittsburg County, Pontotoc County, Pushmataha, Talihina, Valliant.
Amended at 26 Ok Reg 781, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 1 - Operation of the Commission › Section 155:1-1-4 - Qualifications of Commission members

Current through Vol. 41, No. 20, July 1, 2024
(a) Three of said Commission members shall be actively engaged in the practice of farming and/or ranching. If a Commission member disposes of all farming and/or ranching operations during the term of office, these rules shall not be deemed to be retroactive as to that individual, and the individual shall continue as a Commission Member until the term expires, but shall not be eligible for reappointment as one of the three (3) Commission members in the farming and/or ranching category, but will be eligible for reappointment in the other two (2) positions.
(b) Each member shall be a District Director.
(c) Each member shall be a resident of the area he/she represents.
Amended at 26 Ok Reg 781, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 1 - Operation of the Commission › Section 155:1-1-5 - Commission Meetings

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall meet monthly on the date, time and location as filed each year with the Office of the Secretary of State and in accordance with the Open Meeting Act.
Amended at 26 Ok Reg 781, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 1 - Operation of the Commission › Section 155:1-1-10 - Commission Operations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Availability of Records.
All final orders, decisions and opinions, rules and regulations, resolutions, policies and all forms, applications and instructions related to or necessary for gaining access to the Commission's operations included in agency data bases and public files, and other services of the agency shall be made available at the principle office during regular business hours. Copies of all official records not protected from disclosure by law shall be available for inspection in accordance with the Oklahoma Open Records Act, at the principle office during regular business hours.
(b)
Office location; Hours.
The principle office of the Commission shall be at 2800 North Lincoln Boulevard, Oklahoma City, Oklahoma. Unless otherwise directed by the Commission, office hours shall be from 8:00 A.M. to 4:30 P.M., Monday through Friday, inclusive, excepting legal holidays established by statute or by executive order.
Amended at 26 Ok Reg 781, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 10 - Conservation Districts › Section 155:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter was adopted to set forth the rules and regulations of the Conservation Districts pursuant to Title 27A-3 of the Oklahoma Statutes, hereinafter referred to as Districts.
Amended at 26 Ok Reg 786, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 10 - Conservation Districts › Section 155:10-1-5 - Elected Directors; election procedures

Current through Vol. 41, No. 20, July 1, 2024
Notification of election.
Three directors shall be elected for a term of three years. The elected positions are numbered 1, 2 and 3 with succeeding terms, so that one term expires each year. A district director will continue to serve until re-elected or a successor is certified by the Commission.
(1)
Date of election.
An election for District Director shall be held each year on the first Tuesday in June; provided there are two or more eligible candidates.
(2)
Notice of Filing Period.
The filing period for the position of District Director shall begin at the start of business on May 1 through the close of business on May 14 of each year. Each District shall give notice of such filing period in all newspapers of general circulation in the District twice, with an interval of seven days, within the first three weeks of April. Such notice shall contain data as prescribed by the Commission. The Commission shall assume the cost of such notice. The District shall send a copy of such notice and certification signed by the newspaper to the Commission office.
(3)
Notification and declaration of candidacy.
To declare as a candidate for District Director, individuals shall fill out a notification of candidacy as prescribed by the Commission. The District shall accept notice from all persons who fill out the notice and shall forward it to the Commission upon the close of the filing period. If the individual does not have a cooperator agreement with said district, an application for cooperator agreement must be made as prescribed by the Commission.
(4)
Receipt of notification of candidacy.
Upon receipt of the notifications of candidacy, the Commission shall determine eligibility of the candidate(s). The Commission shall notify the appropriate District of its findings of eligibility.
(A) If only one candidate files notification of candidacy, and is determined eligible by the Commission, no election will be held and the candidate will be declared elected to the position.
(B) If two or more candidates file notification of candidacy, and are determined eligible by the Commission, an election shall be held and the District shall prepare for such election.
(C) If no one files notification of candidacy during the filing period, the District shall recommend to the Commission an individual for appointment on a form as prescribed by the Commission to the elected position. However, the current director shall continue to serve until a successor is appointed.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 10 - Conservation Districts › Section 155:10-1-6 - Appointed Directors

Current through Vol. 41, No. 20, July 1, 2024
(a) Two Directors from each District shall be appointed by the Commission to serve a term of two years beginning July 1 through June 30. A district director will continue to serve until re-appointed or a successor is certified by the Commission. To be eligible to serve as an appointed district director, an individual must be a registered voter and be a cooperator with the district or has made application to be a cooperator with the district.
(b)
Appointment; reappointment.
(1) Boards of Directors shall submit a recommendation to the Commission for appointment to the office of district director as prescribed by the Commission.
(2) Upon the expiration of term of an appointed director, the District shall make recommendation to the Commission for appointment or reappointment to the position as prescribed by the Commission.
(3) Appointed Directors are required to attend seventy-five percent of the regularly scheduled meetings throughout their term of office. If the Director did not meet the requirement, the District must submit a letter stating the reason the requirement was not fulfilled in order to be considered for reappointment.
(4) The Commission shall notify the District and the individual of its action after such appointment has been made.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 10 - Conservation Districts › Section 155:10-1-8 - Requirements for District Employment

Current through Vol. 41, No. 20, July 1, 2024
Conservation Districts shall hire individuals as prescribed by the Commission. Conservation District employees are at - will employees and the District and employee shall be required to complete a terms of employment defining the conditions of employment. In order to qualify and enter into the duties of his or her employment and/or receive compensation, a conservation district employee shall first take and subscribe to the loyalty oath or affirmation as prescribed by Title 51 Section 36.1 - 36.2A of the Oklahoma Statutes.
Amended at 26 Ok Reg 786, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 10 - Conservation Districts › Section 155:10-1-10 - Public inspection of district records; Maintenance of Records

Current through Vol. 41, No. 20, July 1, 2024
All official records, data and documents shall be maintained in the offices of each Conservation District. Conservation Districts shall make available all records, data and documents to the public as prescribed by the Open Records Act.
Amended at 26 Ok Reg 786, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 10 - Conservation Districts › Section 155:10-1-11 - Conservation District Board of Directors Meetings

Current through Vol. 41, No. 20, July 1, 2024
(a) Conservation Districts may meet monthly to conduct the business of the district and take official action on plans, programs and functions of the district. Any meeting held by a conservation district shall be conducted in accordance with the Open Meeting Act.
(b) Three board members shall constitute a quorum of directors.
(c) The minutes are the official record of the transactions and proceedings of the board of directors and shall be written in a manner prescribed by the Commission.
Amended at 26 Ok Reg 786, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 10 - Conservation Districts › Section 155:10-1-12 - Annual audit

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall be notified each year that arrangements have been made by the Conservation District Board of Directors to conduct an annual audit or compilation as prescribed by the Commission.
Amended at 26 Ok Reg 786, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 10 - Conservation Districts › Section 155:10-1-15 - Eminent domain

Current through Vol. 41, No. 20, July 1, 2024
The Conservation District's procedure concerning eminent domain when revolving funds are used shall be as follows:
(1) Such eminent domain procedure shall be used only as a last resort by the Conservation District and such Conservation District shall exhaust all other feasible avenues open to the Conservation District;
(2) The Conservation District, once eminent domain is decided to be the only procedure available, will assume all cost in such proceedings and shall provide an itemized statement of such costs to the Commission once the proceeding has come to an end; and
(3) The Conservation District shall notify the Commission that such eminent domain proceeding is to be used at least ten (10) days prior to the next following monthly Commission meeting. Such notice shall contain at least:
(A) a statement of facts surrounding the proceeding,
(B) the project in which the proceedings will implement, and
(C) the reason eminent domain proceedings are being utilized.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 10 - Conservation Districts › Section 155:10-1-20 - Resource Conservation Program

Current through Vol. 41, No. 20, July 1, 2024
(a)
Contents.
Each Conservation District shall complete a long range plan every five (5) years designating it as the "Resource Conservation Program." The Long Range Plan shall be develped in a format prescribed by the Commission. The Long Range Plan shall be submitted to the Commission for approval, rejection, or revision.
(b) After approval by the Commission, Conservation Districts shall give due notice of a public hearing to obtain comment on the Long Range Plan. Notice will be made by placing notice of such hearing in a newspaper of general circulation twice with an interval of seven (7) days between such publications:
(1) The Conservation District shall use that newspaper which has general circulation in their Conservation District and will reach most of the people within the area.
(2) Each publication of notice shall run for one (1) day.
(3) The Conservation District shall assume the cost of any such due notice by publication, except or otherwise specifically provided.
(4) At least 20 days must elapse between the first publication and the date of the public hearing, except or otherwise specifically provided.
(5) The Conservation District shall, after due notice has been give, submit a copy of such notice and a certificate signed by the Chair of the board to the Commission.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 10 - Conservation Districts › Section 155:10-1-21 - Zoning ordinances

Current through Vol. 41, No. 20, July 1, 2024
The Conservation Districts, in reviewing and commenting upon the various zoning ordinances promulgated by those governmental entities allowed by law to so pass, shall adhere to the following procedure:
(1) When reviewing a zoning ordinance, the Conservation District shall look at such ordinance in light of its current and future conservation plans and program impacts, with due respect for sound, economically feasible, and efficient use of the land subject to such ordinance;
(2) The Conservation District may request the District Conservationist of the Natural Resources Conservation Service to assist them in preparing a survey of such area to be encompassed in the zoning ordinance with particular details for:
(A) suitability of soils for the use of the zoning ordinance suggests,
(B) drainage from the area in light of the use the area may be subject to,
(C) if the area is a flood plain, this should be noted,
(D) if the area is within a watershed dam breach inundation area, this should be noted,
(E) will the proposed use, as suggested by the zoning ordinance be one which will inherently damage the renewable natural resources in the area to such an extent that irreparable and irreversible damage will occur, and
(F) pollutants - is there a proper method of disposal:
(i) natural pollutants, and
(ii) pollutants from suggested use as per zoning ordinance.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 10 - Conservation Districts › Section 155:10-1-22 - Small watershed flood control fund

Current through Vol. 41, No. 20, July 1, 2024
(a) None of the funds in the Small Watershed Flood Control Fund shall be expended until 80% of the easements are obtained for the watershed project in which the money from the fund is to be used.
(b) All requests for funds from the SWCF shall be made by application on form prescribed by the Commission.
(c) When any real property interest or easement has been acquired by a District in whole or in part by the use of any funds allocated from the SWCF and the property acquired is thereafter sold, leased, or rented, it shall be the duty of the Board of Directors of the said District to remit to the Commission a pro rata share of the proceeds of such sale or lease equal to the percentage of the total cost of the acquisition of such real property or easement which was paid from any allocation made from the SWCF and all such remittances shall be forwarded to the Commission within 30 days from receipt thereof by the Conservation District.
(d) No property owned by the Conservation District whereby revolving fund money has been used shall be encumbered for longer than one year unless a longer encumbrance is approved by the Commission.
(e) The Commission may direct any Conservation District to dispose of property or easements after a review of the facts and circumstance of why such property or easement is still retained by the Conservation District.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter sets forth requirements for Oklahoma's Abandoned Mine Land Reclamation Program pursuant to Title 45, Sections 740.1 through 740.7 of the Oklahoma Statutes.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-3 - Responsibilities

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Conservation Commission shall:
(1) Participate in the Federal Abandoned Mine Land Reclamation Program through the establishment of the Oklahoma Abandoned Mine Land Reclamation Program.
(2) Establish the Oklahoma Abandoned Mine Land Reclamation Fund for use in conducting the Oklahoma Abandoned Mine Land Reclamation Program.
(3) Request, receive, and administer grant moneys and other moneys for use in this program.
(4) Ensure that every successful bidder for an Abandoned Mine Land Reclamation Program contract must be declared eligible to receive funds by using the Office's automated Applicant/Violator System for each contract to be awarded.
Amended at 12 Ok Reg 3480, eff 9-11-95
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-4 - Oklahoma Abandoned Mine Land Reclamation Funds

Current through Vol. 41, No. 20, July 1, 2024
(a) Revenue to the Abandoned Mine Reclamation Fund shall include:
(1) Amounts granted to the State by the Office for the purpose of conducting the Program.
(2) Moneys collected by the State from charges for use of land acquired or reclaimed with moneys from the Fund.
(3) Moneys recovered by the State through the satisfaction of liens filed against privately owned lands that had been reclaimed with moneys from the Fund.
(4) Moneys recovered by the State from the sale of lands acquired with moneys from the Fund.
(5) Such other moneys as the State decides should be deposited in the Fund for use in carrying out the Program.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-5 - Eligible lands and water

Current through Vol. 41, No. 20, July 1, 2024
(a) Coal mined lands and associated waters are eligible for reclamation activities if:
(1) They were mined or affected by mining processes before August 3, 1977; and
(2) They were left or abandoned either unreclaimed or inadequately reclaimed; and
(3) There is no continuing responsibility for reclamation by the operator, permittee, or agent of the permittee under statutes of the State or Federal Government, or the State as a result of bond forfeiture. Bond forfeiture will render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, additional moneys from the Fund or any prior balance replacement funds maybe used; and
(4) There is a continuing condition that substantially degrades the quality of the environment, prevents or damages the beneficial use of the land or water resources, or endangers the health or safety of the public.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-6 - Reclamation objectives and priorities

Current through Vol. 41, No. 20, July 1, 2024
Reclamation projects should be accomplished in accordance with the Office's "Final Guidelines for Reclamation Programs and Projects" as printed in Volume 66 of the Federal Register page 31250, June 11, 2001 . Reclamation projects shall meet one or more of the objectives stated in this Section. Preference among those projects competing for available resources shall be given to projects meeting higher priority objectives. The following objectives are stated in the order of priority with the highest priority first:
(1)
Priority 1.
The protection of public health, safety, and property from extreme danger of adverse effects of coal mining practices, including the restoration of land and water resources and the environment that:
(A) Have been degraded by the adverse effects of coal mining practices; and
(B) Are adjacent to a site that has been or will be addressed to protect the public health, safety, and property from extreme danger of adverse effects of coal mining practices.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-6.1 - Water supply restoration

Current through Vol. 41, No. 20, July 1, 2024
(a) Any State that has not certified completion of all coal-related reclamation under section 411(a) of SMCRA may expend funds under the Code ( 30 CFR 872.16, 872.19, 872.23,and 872.31 ) for water supply restoration projects. For purposes of this section, "water supply restoration projects" are those that protect, repair, replace, construct, or enhance facilities related to water supplies, including water distribution facilities and treatment plants that have been adversely affected by coal mining practices. For funds awarded before December 20, 2006, any uncertified State may expend up to thirty (30) percent of the funds distributed to it for water supply restoration projects.
(b) If the adverse effect on water supplies referred to in this section occurred both prior to and after August 3, 1977, the project shall remain eligible, notwithstanding the criteria specified in the Code ( 30 CFR 874.12(b) ), if the Commission finds in writing, as part of its eligibility opinion, that such adverse affects are due predominately to effects of mining processes undertaken and abandoned prior to August 3, 1977.
(c) If the adverse effect on water supplies referred to in this section occurred both prior to and after the dates (and under the criteria) set forth under Section 402(g)(4)(B) of SMCRA, the project shall remain eligible, notwithstanding the criteria specified in the Code ( 30 CFR 874.12(b) ), if the Commission finds in writing, as part of its eligibility opinion, that such adverse effects are due predominately to the effects of mining processes undertaken and abandoned prior to those dates.
(d) Enhancement of facilities or utilities under this section shall include upgrading necessary to meet any local, State, or Federal public health or safety requirement. Enhancement shall not include, however, any service area expansion of a utility or facility not necessary to address a specific abandoned mine land problem.
Added at 27 Ok Reg 2473, eff 8-2-10
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-7 - Reclamation project evaluation

Current through Vol. 41, No. 20, July 1, 2024
Proposed reclamation projects and completed reclamation work shall be evaluated in terms of the factors stated in this Section. This evaluation will be undertaken by the Commission. The factors shall be used to determine whether or not proposed reclamation will be undertaken and to assign priorities to proposals intended to meet the objectives in terms of factors set forth below as a means of identifying conditions that should be avoided, corrected, or improved in plans for future reclamation work. The factors shall include:
(1) The need for reclamation work to accomplish one or more specific reclamation objectives.
(2) The availability of technology to accomplish the reclamation work with reasonable assurance of success. In the case of research and demonstration projects, the research capability and plans shall provide reasonable assurance of beneficial results without residual adverse impacts.
(3) The specific benefits to be considered when evaluating reclamation projects shall include but are not limited to the reclamation objectives and priorities in 155:15-1-6.
(4) The acceptability of any additional adverse impacts to people or the environment that will occur during or after reclamation and of uncorrected conditions, if any, that will continue to exist after reclamation.
(5) The costs of reclamation. Consideration shall be given to both the economy and efficiency of the reclamation work and to the results obtained or expected as a result of reclamation.
(6) The availability of additional coal or other mineral or material resources within the project area that:
(A) Indicates a reasonable probability that the desired reclamation will be accomplished during the process of future mining.
(B) Requires special consideration to ensure that the resource is not lost as a result of reclamation and that the benefits of reclamation are not negated by subsequent, essential resource recovery operations.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-7.1 - Rights of entry

Current through Vol. 41, No. 20, July 1, 2024
(a)
Criteria.
This Section establishes procedures for entry by the Commission or the Office for reclamation purposes. Under Section 410 of SMCRA, the Commission or the Office pursuant to an approved reclamation program, may use police power, if necessary, to effect entry upon private lands to conduct reclamation activities or exploratory studies if the landowner's consent is refused or the landowner is not available.
(b)
Written consent for entry.
Written consent from the owner of record and lessee, or their authorized agents, is the preferred means for obtaining agreements to enter lands in order to carry out reclamation activities. Nonconsensual entry by exercise of the police power will be undertaken only after reasonable efforts have been made to obtain written consent.
(c)
Entry and consent to reclaim.
The Commission, the Office, or its agents, employees, or contractors may enter upon land to perform reclamation activities or conduct studies or exploratory work to determine the existence of the adverse effects of past coal mining if consent from the owner is obtained. If consent is not obtained, then, prior to entry under this section, the Commission or the Office shall find in writing, with supporting reasons that:
(1) Land or water resources have been or may be adversely affected by past coal mining practices.
(2) The adverse effects are at a state where, in the interest of the public health, safety, or the general welfare, action to restore, reclaim, abate, control, or prevent should be taken.
(3) The owner of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices is not known or readily available, or the owner will not give permission for the Commission, the Office, or its agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the effects of past coal mining practices.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-8 - Reclamation on private lands

Current through Vol. 41, No. 20, July 1, 2024
This section authorizes reclamation on private land and establishes procedures for recovery of the cost of reclamation activities conducted on privately owned land by the Commission.
(1)
Appraisals.
When private land is to be reclaimed and is subject to a lien under this section, a notarized appraisal shall be obtained from an independent appraiser. The appraisal shall be made prior to the start of reclamation work. The Commission shall furnish to the appraiser information of sufficient detail to make the appraisals. The Commission shall provide the following:
(A) An appraisal standards consistent with generally accepted appraisal practices.
(B) When reclamation requires more than six (6) months to complete, an updated appraisal under (1) above of this section shall be made to determine if the increase in value as originally appraised has actually occurred.
(C) An updated appraisal shall not include any increase in value of land as unreclaimed. If the updated appraised value results in lower increase in value, such increase shall be used as basis for the lien. However, an increase in value resulting from the updated appraisal shall not be considered in determining a lien.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-9 - Acquisition of land and water for reclamation

Current through Vol. 41, No. 20, July 1, 2024
(a) Land and/or water adversely affected by past coal mining practices may be acquired with moneys from the Fund if approved in advance by the Office. The Office shall find in writing that acquisition is necessary for successful reclamation and that the following conditions are met:
(1) The acquired land and/or water will serve recreation, historic, conservation, and reclamation purposes, or provide open space benefits after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.
(2) Permanent facilitieswill be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-10 - Procedures for acquisition

Current through Vol. 41, No. 20, July 1, 2024
(a) An appraisal of all land or interest in land to be acquired shall be obtained by the Commission. The appraisal shall state the fair market value of the land as adversely affected by past mining.
(b) When practical, acquisition shall be by purchase from a willing seller. The amount paid for land or interests in land acquired shall reflect the fair market value of the land or interests in land as adversely affected by past mining.
(c) When necessary, land or interests in land may be acquired by condemnation. Condemnation procedures shall not be started until all reasonable efforts have been made to purchase the land or interests in lands from a willing seller.
(d) The Commission when acquiring land or interests in land under this section, shall comply, at a minimum, with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et seq., and 41 CFR part 114-50.
Amended at 27 Ok Reg 2473, eff 8-2-10
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-11 - Acceptance of gifts of land

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission under an approved reclamation plan may accept donations of title to land or interests in land if the land proposed for donation meets the requirements in 155:15-1-9.
(b) Offers to make a gift of land or interests in land shall be in writing and shall include:
(1) A statement of the interest that is being offered.
(2) A legal description of the land and a description of any improvements on it.
(3) A description of any limitations on the title or conditions as to the use or disposition of the land existing or to be imposed by the donor.
(4) A statement that:
(A) The donor is the record owner of the interest being offered.
(B) The interest offered is free and clear of all encumbrances except as clearly stated in the offer.
(C) There are no adverse claims against the interest offered.
(D) There are no unredeemed tax warrants outstanding against the interest offered.
(E) There is no continuing responsibility by the operator under State or Federal statutory law for reclamation.
(5) An itemization of any unpaid taxes or assessments levied, assessed, or due which could operate as a lien an the interest offered.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-12 - Management of acquired lands

Current through Vol. 41, No. 20, July 1, 2024
(a) Land acquired under 155:15-1-9 and 155:15-1-11 may be used pending disposition under 155:15-1-13 for any lawful purpose that is not inconsistent with the reclamation activities and postreclamation uses for which it was acquired.
(b) Any user of land acquired under Sections 155:15-1-9 and 155:15-1-11 shall be charged a use fee. The fee shall be determined on the basis of the fair market value of the benefits granted to the user, charges for comparable uses within the surrounding area, or the costs to the State for providing the benefit, whichever is appropriate. The Commission may waive the fee if found in writing that such a waiver is in the public interest.
(c) All user fees collected shall be deposited in the Abandoned Mine Reclamation Fund, unless previously appropriated or otherwise authorized by the Legislature, for the specific purpose of operating and maintaining improvement of the land.
Amended at 27 Ok Reg 2473, eff 8-2-10
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-13 - Disposition of lands

Current through Vol. 41, No. 20, July 1, 2024
(a) Prior to the disposition of any land acquired under 155:15-1-9, the Commission shall publish a notice of proposed land disposition, hold public hearings, and make written findings in accordance with the authority contained in section 407(g)(2) of SMCRA.
(b) Prior to disposition of any acquired land the Commission shall:
(1) Publish a notice that describes the proposed disposition of the land in a newspaper of general circulation in the area where the land is located for a minimum of four successive weeks. The notice shall provide at least thirty (30) days for public comment and state where copies of plans for disposition of the land may be obtained or reviewed and the address to which comments on the plans should be submitted. The notice shall also state that a public hearing will be held.
(2) Schedule such hearings at a time and place that affords local citizens and governments the maximum opportunity to participate. The time and place of the hearing shall be announced in a newspaper of general circulation in the area in which the land is located at least thirty (30) days before the hearing.
(3) Make a written finding that the proposed disposition is appropriate considering all comments received and consistent with any local, State, or Federal laws or regulations that apply.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-14 - Utilities and other facilities [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 3480, eff 9-11-95; Revoked at 27 Ok Reg 2473, eff 8-2-10