Commission authorized to administer abandoned mine reclamation program - Objectives - Priorities
N.D. Cent. Code § 38-14.2-07
in effect38-14.2-07. Commission authorized to administer abandoned mine reclamation
program - Objectives - Priorities.
1. The commission is hereby authorized to develop, administer, and enforce an
abandoned mine reclamation program. Expenditure of funds for the projects under this
program must reflect priorities in the order stated:
a. The protection of public health, safety, and property from extreme danger
resulting from the adverse effects of past coal mining practices, including the
restoration of eligible land and water resources and the environment:
(1) Previously degraded by the adverse effects of coal mining practices; and
(2) Located adjacent to a site that has been or will be remediated to protect the
public health, safety, and property from extreme danger of adverse effects of
coal mining practices.
b. The protection of public health and safety from adverse effects of past coal
mining practices which do not constitute an extreme danger, including the
restoration of eligible land and water resources and the environment:
(1) Previously degraded by the adverse effects of coal mining practices; and
(2) Located adjacent to a site that has been or will be remediated to protect the
public health and safety from adverse effects of coal mining practices.
c. The restoration of eligible land and water resources and the environment
previously degraded by adverse effects of past coal mining practices, including
measures for the conservation and development of soil, water (excluding
channelization), woodland, fish and wildlife, recreation resources, and agricultural
productivity.
d. The protection, repair, replacement, construction, or enhancement of public water
supply facilities, including water distribution facilities and treatment plants
adversely affected by coal mining practices.
2. The protection of the public from hazards endangering life and property resulting from
the adverse effects of past noncoal mining practices upon certification from the United
States secretary of interior as provided in 30 U.S.C. 1240(a). However, upon request
by the governor of the state of North Dakota and approval by the secretary of the
interior, such work may be undertaken before the priorities related to past coal mining
have been fulfilled. Expenditure of funds from the project under this subsection must
reflect the priorities in the order stated:
a. The protection of public health, safety, general welfare, and property from the
adverse effects of noncoal mining practices.
b. The protection of public health, safety, and general welfare from adverse effects
of noncoal mining practices.
c. The restoration of land and water resources and the environment previously
degraded by the adverse effects of noncoal mining practices.
3. Funds granted by the secretary of interior under title IV of Public Law No. 95-87 as
provided by Public Law No. 117-58 may be used only for the activities described in
subsection 1.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t38c14-2.pdf#nameddest=38-14p2-07Fetched: 10/16/2026