Natural Resources, Oil, Gas and Mining; Abandoned Mine Reclamation

Rule R643-879

Acquisition, Management, and Disposition of Lands and Water

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35797
Filed: 02/01/2012 05:54:13 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 40-10-6 provides for rulemaking authority to the Board of Oil, Gas and Mining as necessary for the regulation of coal mining operations and reclamation operations. Section 40-10-27 specifically establishes provisions when the state may acquire land adversely affected by past mining and later disposition.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule establishes procedures that are necessary for acquisition of eligible land and water resources for emergency and reclamation purposes and also the disposition of lands so acquired. This rule should be continued so the Abandoned Mine Reclamation Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Steve Schneider at the above address, by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at [email protected]

Authorized by:

John Baza, Director

Effective:

02/01/2012