reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 5 - Financial Interests of State Employees › Section 460:20-5-5 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
"Act"
means the Coal Reclamation Act of 1979,
				  Senate Pill 299, (45 O.S. 1981, Section 742.1 et seq.)
"Coal Mining Operation"
means the business of
				  developing, producing, preparing, or loading bituminous coal, subbituminous
				  coal, anthracite, or lignite, or of reclaiming the areas upon which such
				  activities occur.
"Direct financial interest"
means ownership or
				  part ownership by an employee of lands, stocks, bonds, debentures, warrants
				  partnership shares, or other holdings and also means any other arrangement
				  where the employee may benefit from his or her holding in or salary from coal
				  mining operations. Direct financial interests includ employment, pensions,
				  creditor, real property, and other financeial relationships.
"Employee"
means any person employed by the
				  Department of Mines who performs any function or duty under the Act, and
				  advisory board or commission members and consultants who perform any function
				  or duty under the Act, if they perform decision making functions for the
				  Department of Mines under the authority of State law or regulations. However,
				  members of advisory boards or commissions established in accordance with State
				  law or regulations to represent multiple interests are not considered to be
				  employees.
"Federal act"
means the Surface Mining Control
				  and Reclamation Act of 1977, P.L. 95-87, ( 30 U.S.C. Sec. 1201 et seq.)
"Indirect financial interest"
means the same
				  financial relationships as for direct ownership, but where the employee reaps
				  the benefits of such interests, including interests held by his or her spouse,
				  minor child, and other relatives, including in-laws, residing in the employee's
				  home. The employee will not be deemed to have an indirect financial interest if
				  there is no relationship between the employee's functions or duties and the
				  coal mining operation in which the spouse, minor children, or other resident
				  relatives hold a financial interest.
"Office"
means the Office of Surface Mining
				  Reclamation and Enforcement, U.S. Department of the Interior.
"Performing any function or duty under this Act"
means those decisions or actions, which if performed or not performed by an
				  employee, affect the programs under the Act.
"Prohibited financial interest"
means any direct
				  or indirect financial interest in any coal mining operation.
"Secretary"
means the Secretary of the
				  Interior.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 5 - Financial Interests of State Employees › Section 460:20-5-6 - Penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) Criminal
				penalties are imposed by 45 O.S. 1981, Sec. 767, which prohibits each employee
				of the Department of Mines who performs any function or duty under this Act
				from having a direct or indirect financial interest in any underground or
				surface coal mining operation. The Act provides that whoever knowingly violates
				the provisions of Section 767 shall, upon conviction, be punished by a fine of
				not more than $5,000, or by imprisonment of not more than one year, or by
				both.
(b) Regulatory penalties are
				imposed by this Subchapter. The provisions in Section 767 make compliance with
				the financial-interest requirements a condition of employment for employees of
				the Department of Mines 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 Section 767
				and will be subject to removal from his or her position.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 5 - Financial Interests of State Employees › Section 460:20-5-7 - Who shall file

Current through Vol. 41, No. 20, July 1, 2024
(a) Any employee
				and members of the Oklahoma Mining Commission, advisory boards, and commissions
				representing multiple interests 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 Director not
				to involve performance of any function or duty under the Act or who is no
				longer employed by the Department of Mines at the time a filing is due, is not
				required to file a statement.
(b)
				The Director shall prepare a list of those positions within the Department of
				Mines that do not involve performance of any functions or duties under the Act.
				The Department of Mines may be organized to include more activities than are
				covered by the Act. For example, if a State has identified its Department of
				Mines as the State Regulatory Authority there may be only one or two offices
				within that Department which have employees who perform any functions or duties
				under the Act. In those cases, the Director shall list the title of boards,
				offices, bureaus, or divisions within the Department of Mines which do not
				perform any functions or duties under the Act for only those boards, offices,
				bureaus or divisions that do have some employees performing functions and
				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 Section 767.
(c) The Director shall prepare and submit to
				the Director of OSM, 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 the State program approval.
(d) The Director shall annually review and
				update this listing. For monitoring and reporting reasons, the listing must be
				submitted to the Director of OSM and must contain a written justification for
				inclusion of the positions listed. Proposed revisions or a certification that a
				revision is not required shall be submitted to the Director by no later than
				September 30 of each year. The Director may revise the listing by 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
				Subchapter. Additions to and deletions from the listing of positions are
				effective upon notification to the incumbents of the positions added or
				deleted.
(e) The Secretary or the
				Director of OSM may modify the listing at any time one or both of them
				determines that the listing submitted by the Department indicates that coverage
				is not sufficient to carry out the purpose of the law or the regulations of
				this Subchapter.
Amended at 18 Ok Reg
				  3202, eff 7-26-01
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 5 - Financial Interests of State Employees › Section 460:20-5-8 - When to file

Current through Vol. 41, No. 20, July 1, 2024
(a) Employees
				and members of advisory boards, the Oklahoma Mining Commission, and commissions
				representing multiple interests performing functions or duties under the Act
				shall file:
(1) Within 120 days of the
				effective date of the approval of the state program; and
(2) Annually on February 1 of each year, or
				at such other date as may be agreed to by the Director of OSM, provided that
				such alternative date will allow sufficient time to obtain information needed
				by the Director for his or her annual report to the Governor and to the
				Director of OSM.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 5 - Financial Interests of State Employees › Section 460:20-5-9 - Where to file

Current through Vol. 41, No. 20, July 1, 2024
(a) The Director
				shall file his or her statement with the Director of OSM.
(b) Members of advisory boards, the Oklahoma
				Mining Commission, and commissions representing multiple interests as provided
				in Section
				460:20-5-7, shall
				file their statement with the Governor's Office, Office of Appointments, or
				such other official as may be designated by State Law or regulation.
(c) All other employees shall file his or her
				statement with the Department of Mines' Director pursuant to the requirements
				of 45 O.S. Section 767 and this Subchapter.
Amended at 16 Ok Reg
				  3526, eff 9-13-99; Amended at 18 Ok Reg 3202, eff
				  7-26-01
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 5 - Financial Interests of State Employees › Section 460:20-5-10 - What to report

Current through Vol. 41, No. 20, July 1, 2024
(a) Each
				employee, advisory board member or commissioner shall report all information
				required on the statement of employment and financial interests of the
				employee, advisory board member or commissioner, his or her spouse, minor
				children, or other relatives who are full-time residents of the employee's,
				advisory board member's or commissioner's home. The report shall be on OSM Form
				705-1 as provided by the Office of Surface Mining. The statement shall consist
				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 an underground or surface coal mining operation except as
				specifically identified and described by the employee, advisory board member or
				commissioner as part of the certificate; and
(3) A certification by the reviewer that the
				form was reviewed, that the prohibited interests have been resolved, and that
				no other prohibited interests have been identified from the
				statement.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 5 - Financial Interests of State Employees › Section 460:20-5-11 - Gifts and gratuities

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Except as provided in Subsection (b) of this Section, employees shall not
				solicit or 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 Department; or
(2) Has interests that may be substantially
				affected by the performance or nonperformance of the employee's official
				duty.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 5 - Financial Interests of State Employees › Section 460:20-5-12 - Resolving prohibited interests

Current through Vol. 41, No. 20, July 1, 2024
(a) Actions to be taken by the Director;
(1) Remedial action to effect resolution. If
				any employee has a prohibited financial interest, the Director shall promptly
				advise the employee that remedial action which will resolve the prohibited
				interest is required within 90 days.
(2) Remedial action may include:
(A) Reassignment of the employee to a
				position which performs no function or duty under the Act, or
(B) Divestiture of the prohibited financial
				interest, or
(C) 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 this Chapter, the Director
				shall report the facts of the situation to the Director of OSM who shall
				determine whether action to impose the penalties prescribed by the Act should
				be initiated. The report to the Director of OSM shall include the original or a
				certified true copy of the employee's statement and any other information
				pertinent to the Director of OSM's determination, including a statement of
				actions being taken at the time the report is made.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 5 - Financial Interests of State Employees › Section 460:20-5-13 - Appeals procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 18 Ok Reg
				  3202, eff 7-26-01; Revoked at 24 Ok Reg 2922, eff
				  9-17-07
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 5 - Financial Interests of State Employees › Section 460:20-5-14 - Appeals board [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg
				  2922, eff 9-17-07
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 6 - Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction › Section 460:20-6-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) This Subchapter
				establishes the procedures for determining those surface coal mining and
				reclamation operations which are exempt from the Act and this Chapter because
				the extraction of coal is an incidental part of Federal, State, or local
				government-financed highway or other construction.
(b) This Subchapter exempts the extraction of
				coal which is incidental to government-financed construction from the
				requirements of the Act and this Chapter, If that extraction meets specified
				criteria which ensure that the construction is government-financed and that the
				extraction of coal is incidental to it.
Added at 12 Ok Reg 115,
				  eff 9-29-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3592, eff
				  10-12-95
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 6 - Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction › Section 460:20-6-2 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				of Mines is responsible for enforcing the requirements of this
				Subchapter.
(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
				460:20-6-5.
Added at 12 Ok Reg 115,
				  eff 9-29-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3592, eff
				  10-12-95
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 6 - Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction › Section 460:20-6-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Extraction of coal as an incidental part"
means
				  the extraction of coal which is necessary to enable the construction to be
				  accomplished. For purposes of this Subchapter, only that coal extracted from
				  within the right-of-way, in the case of a road, railroad, utility line or other
				  such construction, or within the boundaries of the area directly affected by
				  other types of government-financed construction, may be considered incidental
				  to that construction. Extraction of coal outside the right-of-way or boundary
				  of the area directly affected by the construction shall be subject to the
				  requirements of the Act and this Chapter.
"Government financing agency"
means a Federal,
				  State, county, municipal, or local unit of government, or a department, bureau,
				  agency or office of the unit which, directly or through another unit of
				  government, finances construction.
"Government-financed construction"
means
				  construction funded 50 percent or more by funds appropriated from a government
				  financing agency's budget or obtained from general revenue bonds, but shall not
				  mean government financing agency guarantees, insurance, loans, funds obtained
				  through industrial revenue bonds or their equivalent, or in-kind
				  payments.
Added at 12 Ok Reg 115,
				  eff 9-29-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3592, eff
				  10-12-95
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 6 - Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction › Section 460:20-6-4 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
(a) Coal extraction
				which is an incidental part of government-financed construction is exempt from
				the Act and this Chapter.
(b) Any
				person who conducts or intends to conduct coal extraction which does not
				satisfy Subsection (a) of this Section shall not proceed until a permit has
				been obtained from the Department of Mines under the State program.
Added at 12 Ok Reg 115,
				  eff 9-29-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3592, eff
				  10-12-95
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 6 - Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction › Section 460:20-6-5 - Information to be maintained on site

Current through Vol. 41, No. 20, July 1, 2024
Any person extracting coal incident to government-financed
				  highway or other construction who extracts more than 250 tons of coal or
				  affects more than two acres shall maintain, on the site of the extraction
				  operation and available for inspection, document 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 governing
				financing.
Added at 12 Ok Reg 115,
				  eff 9-29-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3592, eff
				  10-12-95
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 7 - Areas Designated by Act of Congress as Unsuitable for Mining › Section 460:20-7-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes the procedures and standards to
				  be followed in determining whether a proposed surface coal mining and
				  reclamation operation can be permitted in light of the prohibitions and
				  limitations in 45 O.S. Supp. 1980, Section 783 for those types of operations on
				  certain Federal, public, and private lands.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 7 - Areas Designated by Act of Congress as Unsuitable for Mining › Section 460:20-7-2 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The Department is authorized by Act to prohibit or limit
				  surface coal mining operations on or near private, Federal, and other public
				  lands, except for those operations which existed on August 3, 1977 or were
				  subject to valid existing rights at the time the land came under the protection
				  of 45 O.S. Section 783 and Section
				  460:20-7-4.
Amended at 19 Ok Reg
				  2841, eff 8-27-02
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 7 - Areas Designated by Act of Congress as Unsuitable for Mining › Section 460:20-7-4 - Areas where mining is prohibited or limited

Current through Vol. 41, No. 20, July 1, 2024
No surface coal mining operations shall be conducted on the
				  following lands unless those operations either have valid existing rights, as
				  determined under Section
				  460:20-7-5, or qualify
				  for the exception for existing operations under Section
				  460:20-7-4.1:
(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 section 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 Federal lands within the
				boundaries of any national forest; Provided, however, that surface coal mining
				operations may be permitted on such lands, if the Secretary finds that there
				are no significant recreational, timber, economic, or other values that may be
				incompatible with surface coal mining operations, and surface operations and
				impacts are incident to an underground coal mine;
(3) On any lands where the operation would
				adversely affect any publicly owned park or any place in the National Register
				of Historic Places, unless jointly approved by the Department 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 road
				join such right-of-way line, or
(B)
				Where the Department or the appropriate public road authority allows the public
				road to be relocated, closed, or the area to be affected within 100 feet of
				such road, after:
(i) Providing public notice
				and opportunity for a public hearing in accordance with Section
				460:20-7-5(d);
				and
(ii) Making a written finding
				that the interests of the affected public and landowners will be
				protected;
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 7 - Areas Designated by Act of Congress as Unsuitable for Mining › Section 460:20-7-4.1 - Exception for existing operations

Current through Vol. 41, No. 20, July 1, 2024
The prohibitions and limitations of Section
				  460:20-7-4
				  do not apply to surface coal mining operations for which a valid permit, issued
				  under this chapter, exists when the land comes under the protection of Section
				  460:20-7-4.
				  This exception applies only to lands within the permit area as it exists when
				  the land comes under the protection of Section
				  460:20-7-4.
Added at 19 Ok Reg 2841,
				  eff 8-27-02
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 7 - Areas Designated by Act of Congress as Unsuitable for Mining › Section 460:20-7-5 - Procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon receipt of
				an administratively complete application for a permit for a surface coal mining
				operation and reclamation operation permit, or an administratively complete
				application for revision of the boundaries of a surface coal mining operation
				permit, the Department shall review the application to determine whether
				surface coal mining operations are limited or prohibited under Section
				460:20-7-4
				on lands which would be disturbed by the proposed operations.
(b)
Rights determination.
(1) The Department shall reject any portion
				of the application that would locate surface coal mining operations on land
				protected under Section
				460:20-7-4,
				unless:
(A) The site qualifies for the
				exception for existing operations under Section 20-7-4.1;
(B) A person has valid existing rights for
				the land, as determined under Section 460:20-7-5(h);
(C) The applicant obtains a waiver or
				exception from the prohibitions of Section
				460:20-7-4
				in accordance with 460:20-7-5(c) through 460:20-7-5(e); or
(D) For lands protected by Section
				460:20-7-4(3),
				both the Department and the agency with jurisdiction over the publicly owned
				park or place in the National register of Historic Places jointly approve the
				proposed operation in accordance with Subsection (f) of this section.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 9 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section 460:20-9-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes the minimum criteria to be used
				  in determining whether lands should be designated as unsuitable for all or
				  certain types of surface coal mining operations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 9 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section 460:20-9-2 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
The Department or OSM shall use the criteria in this
				  Subchapter for the evaluation of each petition for the designation of areas as
				  unsuitable for surface coal mining operations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 9 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section 460:20-9-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
For purposes of this Subchapter:
"Fragile lands"
means areas containing natural,
				  ecologic, scientific, or aesthetic resources that could be significantly
				  damaged by surface coal mining operations. Examples of fragile lands include
				  valuable habitats for fish or wildlife, critical habitats for endangered or
				  threatened species of animals or plants, uncommon geologic formations,
				  paleontological sites, National Natural Landmarks, areas where mining may
				  result in flooding, environmental corridors containing a concentration of
				  ecologic and aesthetic features, and areas of recreational value due to high
				  environmental quality and buffer zones adjacent to the boundaries of areas
				  where surface coal mining operations are prohibited under 45 O.S. Supp. 1980,
				  Section 783 and Subchapter 7 of the Chapter.
"Historic lands"
means areas containing historic
				  lands include scientific resources. Examples of historic lands include
				  archeological sites, properties listed on or eligible for listing on a State or
				  National Register of Historic Places, National Historic Landmarks, properties
				  having religious or cultural significance to Native Americans or religious
				  groups, and properties for which historic designation is pending. Natural
				  hazard lands means geographic areas in which natural conditions exist which
				  pose or, as a result of surface coal mining operations, may pose a threat to
				  the health, safety, or welfare of people, property, or the environment,
				  including areas subject to landslides, cave-ins, large or encroaching sand
				  dunes. severe wind or soil erosion, frequent flooding, avalanches, and areas of
				  unstable geology. Renewable resource lands means geographic areas which
				  contribute significantly to the long-range productivity of water supply or of
				  food or fiber products, such lands to include aquifers and aquifer recharge
				  areas.
"Substantial legal and financial commitments in a
				  surface coal mining operation"
means significant investments that have
				  been made on the basis of a long-term coal contract in power plants. railroads,
				  coal-handling, preparation, extraction or storage facilities, and other
				  capital-intensive activities. Costs of acquiring the coal in place, or the
				  right to mine it alone without other significant investments, as described,
				  above, are not sufficient to constitute substantial legal and financial
				  commitments.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 9 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section 460:20-9-4 - Criteria for designating lands as unsuitable

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon petition an area shall be designated
				as unsuitable for all or certain types of surface coal mining operations, if
				the Department determines that reclamation is not technologically and
				economically feasible under the Act, and this Chapter.
(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; or
(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.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 9 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section 460:20-9-5 - Additional criteria

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department may establish additional or more stringent criteria for determining
				whether lands within the State should be designated as unsuitable for coal
				mining operations. Such criteria shall be approved pursuant to 30 CFR
				Subchapter C.
(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
				Subchapter would be designated as unsuitable for surface coal mining
				operations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 9 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section 460:20-9-6 - Land exempt from designation as unsuitable for surface coal mining operations

Current through Vol. 41, No. 20, July 1, 2024
The requirement of this Subchapter do not apply to:
(1) bands on which surface coal mining
				operations were being conducted on the date of enactment of the Federal
				Act;
(2) Lands covered by a permit
				issued under the Act; or
(3) bands
				where substantial legal and financial commitments in surface coal mining
				operations were in existence prior to January 4, 1977.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 9 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section 460:20-9-7 - Exploration on land designated as unsuitable for surface coal mining operations

Current through Vol. 41, No. 20, July 1, 2024
Designation of any area as unsuitable for all or certain
				  types of surface coal mining operations pursuant to Sections 781 and 782 of the
				  Act and this Chapter does not prohibit coal exploration operations in the area,
				  if conducted in accordance with the Act, and this Chapter and other applicable
				  requirements. Exploration operations on any lands designated unsuitable for
				  surface coal mining operations must be approved by the Department under
				  Subchapter 13 of this Chapter to ensure that exploration does not interfere
				  with any value for which the area has been designated unsuitable for surface
				  coal mining.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 11 - State Processes for Designating Areas Unsuitable for Surface Mining Operations › Section 460:20-11-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This subchapter establishes minimum procedures and standards
				  to be included in the Oklahoma State program for designating non-Federal and
				  non-Indian lands in the state as unsuitable for all or certain types of surface
				  coal mining operations and for terminating designations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 11 - State Processes for Designating Areas Unsuitable for Surface Mining Operations › Section 460:20-11-2 - General process requirements

Current through Vol. 41, No. 20, July 1, 2024
The Department shall establish a process enabling objective
				  decisions to be made on which, if any, land area 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 other relevant
				  information. This process shall include the requirements listed in this
				  Subchapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 11 - State Processes for Designating Areas Unsuitable for Surface Mining Operations › Section 460:20-11-3 - Petitions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Right to
				petition.
Any person having an interest which is or may be adversely
				affected has the right to petition the Department to have an area designated as
				unsuitable for surface coal mining operations, or to have an existing
				designation terminated. For the purpose of this action, a person having an
				interest which is or may be adversely affected must demonstrate how he or she
				meets an "injury in fact" test by describing the injury to his or her specific
				affected interests and demonstrate how he or she is among the
				injured.
(b)
Designation.
The Department shall determine what information must
				be provided by the petitioner to have an area designated as unsuitable for
				surface coal mining operations.
(1) At a
				minimum, a complete petition for designation shall include;
(A) The petitioner's name, address, telephone
				number, and notarized signature;
(B) 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;
(C) An identification of the petitioner's
				interest which is or may be adversely affected by surface coal mining
				operations, including a statement demonstrating how the petitioner satisfies
				the requirements of Subsection (a) of this Section;
(D) A description of how mining of the area
				has affected or may adversely affect people, land, air, water, or other
				resources, including the petitioner's interests; and
(E) Allegations of fact and supporting
				evidence, covering all lands in the petition area, which tend to establish that
				the area is unsuitable for all or certain types of surface coal mining
				operations pursuant to Section 781(B) and (C) of the Act, assuming that
				contemporary mining practices would be followed if the area were to be mined.
				Each of the allegations of fact should be specific as to the mining operation,
				if known, and the portion(s) of the petitioned area and petitioner's interests
				to which the allegation applies and be supported by evidence that tends to
				establish the validity of the allegations for the mining operation or portion
				of the petitioned area.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 11 - State Processes for Designating Areas Unsuitable for Surface Mining Operations › Section 460:20-11-4 - Initial processing, recording, and notification

Current through Vol. 41, No. 20, July 1, 2024
(a)
Initial processing.
(1) Within 30 days of receipt of a petition,
				the Department shall notify the petitioner by certified mail whether or the
				petition is complete under Section
				460:20-11-3(b) or
				(c). Complete, for a designation or
				termination petition, means that the information required under Section
				460:20-11-3(b) or
				(c) has been provided.
(2) The Department shall determine whether
				any identified coal resources exits in the area covered by the petition,
				without requiring any showing from the petitioner. If the Department 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) If the Department determines that the
				petition is incomplete, frivolous, or that the petitioner does not meet the
				requirements of Section
				460:20-11-3(a),
				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. A frivolous petition is one in which the allegations of
				harm lack serious merit.
(4) When
				considering a petition for an area which was previously and unsuccessfully
				proposed for designation, the Department shall determine if the new petition
				presents significant new allegations of facts with evidence which tends to
				establish the allegations If the new petition does not contain such material,
				the Department may choose not to consider the petition and may return the
				petition to the petitioner, with a statement of its findings and a reference to
				the record of the previous designation proceeding where the facts were
				considered.
(5) The Department
				shall notify the person who submits a petition of any application for a permit
				received which includes any area covered by the petition.
(6) The Department may determine not to
				process any petition received insofar as it pertains to lands for which an
				administratively complete permit application has been filed and the first
				newspaper notice has been published. Based on such determination, the
				Department may issue a decision on a complete and accurate permit application
				and shall inform the petitioner why this Chapter cannot consider the part of
				the petition pertaining to the proposed permit area.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 11 - State Processes for Designating Areas Unsuitable for Surface Mining Operations › Section 460:20-11-5 - Hearing requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Within 10 months after receipt of a complete petition, the Department 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
				Department may subpoena witnesses as necessary. The hearing may be conducted
				with cross-examination of expert witnesses only. A record of the hearing shall
				be made and preserved according to State law. No person shall bear the burden
				of proof or persuasion. All relevant parts of the data base and inventory
				system and all public comments received during the public comment period shall
				be included in the record and considered by the Department in its decision on
				the petition.
(1) The Department 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 known by the
				Department to have a property interest in the petitioned area. Proper notice to
				persons with an ownership interest of record shall comply with the requirements
				of applicable State law.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 11 - State Processes for Designating Areas Unsuitable for Surface Mining Operations › Section 460:20-11-6 - Decision

Current through Vol. 41, No. 20, July 1, 2024
(a) In reaching its
				decision, the Department shall use:
(1) The
				information contained in the data base and inventory system;
(2) Information provided by other
				governmental agencies;
(3) The
				detailed statement when it is prepared under Section
				460:20-11-5(e);
				and
(4) Any other relevant
				information submitted during the comment period.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 11 - State Processes for Designating Areas Unsuitable for Surface Mining Operations › Section 460:20-11-7 - Database and inventory system requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall develop a data base
				and inventory system which will permit evaluation of whether reclamation is
				feasible in areas covered by petitions.
(b) The Department shall include in the
				system information relevant to the criteria in Section
				460:20-9-4
				of this Chapter, including, but not limited to, information received from the
				U.S. Fish and Wildlife Service, the State Historic Preservation Officer, and
				the agency administering Section 127 of the Clean Air Act, as amended ( 42
				U.S.C. 7470 et seq.).
(c) The
				Department shall add to the data base and inventory system information-
(1) On potential coal resources of Oklahoma,
				demand for those resources, the environment, the economy, and the supply of
				coal, sufficient to enable the Department to prepare the statements required by
				Section
				460:20-11-5(e);
				and
(2) That becomes available from
				petitions, publications, experiments, permit applications, mining and
				reclamation operations, and other sources.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 11 - State Processes for Designating Areas Unsuitable for Surface Mining Operations › Section 460:20-11-8 - Public information

Current through Vol. 41, No. 20, July 1, 2024
The Department shall:
(1) Make the information in the data base and
				inventory system developed under Section
				460:20-11-7
				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 Department 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.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 11 - State Processes for Designating Areas Unsuitable for Surface Mining Operations › Section 460:20-11-9 - Department responsibility for implementation

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall not issue permits
				which are inconsistent with designations made pursuant to Subchapters 7, 9, or
				11 of this Chapter.
(b) The
				Department shall maintain a map or other unified and cumulative record of areas
				designated unsuitable for all or certain types of surface coal mining
				operation.
(c) The Department 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 but excepting proprietary information on the chemical and
				physical properties of the coal.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 13 - General Requirements for Coal Exploration Operations › Section 460:20-13-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes the minimum requirements for coal
				  exploration procedures. This Subchapter applies to the Department and to any
				  person who conducts or seeks to conduct coal exploration outside of the permit
				  area.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 13 - General Requirements for Coal Exploration Operations › Section 460:20-13-2 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
The objectives of this Subchapter are to ensure that coal
				  exploration operations are conducted in a manner to protect the environment and
				  otherwise meet the requirements of the Act, this Chapter, and the regulatory
				  program.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979 › Subchapter 13 - General Requirements for Coal Exploration Operations › Section 460:20-13-3 - Responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a) It is the
				responsibility of any person conducting or seeking to conduct coal exploration
				operations under the State program to comply with the requirements of this
				Subchapter.
(b) It is the
				responsibility of the Department to receive notices of intention to explore and
				applications for approval of exploration, approve or disapprove the
				applications, and to issue, condition, suspend, or revoke approvals under the
				State program.