North Dakota Code 38-14.2-03 – Powers and duties of the commission
The commission:
Terms Used In North Dakota Code 38-14.2-03
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- population: means the number of inhabitants as determined by the last preceding state or federal census. See North Dakota Code 1-01-47
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- year: means twelve consecutive months. See North Dakota Code 1-01-33
1. Shall develop an abandoned mine reclamation plan.
2. Shall submit such applications, abandoned mine reclamation plan, projects, and reports necessary to accomplish the purposes of this chapter, and to accomplish the purposes of title IV of Public Law 95-87 [91 Stat. 456; 30 U.S.C. § 1231 et seq.].
3. Shall include in each annual request for projects the following information:
a. A general description of each proposed project; b. A priority evaluation of each proposed project; c. A statement of the estimated benefits in such terms as number of acres [hectares] restored, miles [kilometers] of stream improved, acres [hectares] of surface lands protected from subsidence, population protected from subsidence, air pollution, and hazards of mine and coal refuse disposal area fires; d. An estimate of the cost for each proposed project; e. In the case of proposed research and demonstration projects, a description of the specific techniques to be evaluated or objective to be attained; f. An identification of lands or interest therein to be acquired and the estimated cost; g. In each year after the first in which a plan is filed under this chapter, an inventory of each project funded under the previous year’s grant, which inventory must include details of financial expenditures on such project together with a brief description of each project, including project locations, landowner’s name, acreage [hectarage], type of reclamation performed; and
h. Other information as prescribed by the commission.
4. Shall include the following costs in each proposed project:
a. Actual construction costs; b. Actual operation and maintenance costs of permanent facilities; c. Planning and engineering costs; d. Construction inspection costs; and
e. Other necessary administrative expenses.
5. May request and accept grants of funds or services or transfer such funds or services for the implementation of the purposes of this chapter and of title IV of Public Law 95-87 [91 Stat. 456; 30 U.S.C. § 1231 et seq.].
6. May enter any property without a warrant for the purpose of conducting studies to determine the existence of adverse effects of past coal mining and noncoal mining practices.
7. May enter and lease or acquire land adversely affected by past coal mining or noncoal mining practices for the purpose of reclaiming such lands pursuant to this chapter.
8. May engage in cooperative projects under this chapter with any federal or state agency.
9. May engage in any work and do all things necessary or expedient, including the promulgation of regulations for all provisions of this chapter, to implement and administer the provisions of this chapter and of title IV of Public Law 95-87 [91 Stat.
456; 30 U.S.C. § 1231 et seq.], and to develop and implement an abandoned mine reclamation program.
10. May initiate, in addition to any other remedies provided for in this chapter, in any court of competent jurisdiction, an action in equity for an injunction (either temporary or permanent) to restrain any interference with the exercise of the right to enter or to conduct any work provided for in this chapter.
11. May require, by contractual agreement with the appropriate persons, the extraction of any remaining coal deposits in areas reclaimed under this chapter, in order to maximize resource recovery. The commission may promulgate such regulations as may be necessary to ensure that such extraction is performed by a qualified contractor in compliance with the applicable performance standards of section 38-14.1-24 and, if warranted, provide for compensation to the person entitled thereto.
12. May expend moneys from the fund for emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices on eligible lands, if the commission makes a finding of fact and the office of surface mining reclamation and enforcement concurs that:
a. An emergency exists constituting a danger to the public health, safety, or general welfare; and
b. No other person or agency will act expeditiously to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices.
13. Its agents, employees, and contractors may enter upon any land where the emergency exists and any other land to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices and to do all things necessary or expedient to protect the public health, safety, or general welfare. Such entry is an exercise of police power and is not condemnation or trespass of property. The moneys and the benefits accruing are charged against the land and mitigate or offset any claim by any owner for any alleged damages. This provision does not create new rights of action or eliminate existing immunities.
14. Every successful bidder for an abandoned mine lands contract must be eligible based on available information concerning federal and state failure-to-abate cessation orders, unabated federal and state imminent harm cessation orders, delinquent civil penalties issued pursuant to section 518 of the Surface Mining Control and Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. § 1201 et seq.], bond forfeitures where violations upon which the forfeitures were based have not been corrected, delinquent abandoned mine reclamation fees, and unabated violations of federal and state laws and rules and regulations pertaining to air or water environmental protection incurred in connection with any surface coal mining operation.