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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1196 By: Bullard
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6 AS INTRODUCED
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7 An Act relating to the Mining Lands Reclamation Act;
7 amending 45 O.S. 2021, Section 724, which relates to
8 permits and limited use permits; modifying types of
8 hearings required; updating statutory language and
9 references; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 45 O.S. 2021, Section 724, is
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14 amended to read as follows:
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15 Section 724. A. It shall be unlawful for any operator to
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16 engage in any mining operations in this state without first
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17 obtaining a permit or a Limited Use Permit from the Department of
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18 Mines for each separate mining operation. The Department shall
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19 determine what constitutes a separate mining operation by rules
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20 promulgated under the Mining Lands Reclamation Act.
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21 B. Any operator desiring to engage in limited mining activity
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22 may apply for a Limited Use Permit for those mining operations not
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23 eligible for a surface mining permit. Application for such permit
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24 shall be made upon forms furnished by the Department. The form
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Req. No. 2445 Page 1
1 forms shall contain a description of the tract or tracts of land and
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2 shall include the section, township, range, and county in which the
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3 land is located. A map shall be attached to the application which
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4 accurately outlines and locates the tract of land. A statement that
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5 the applicant has the right and power by legal estate owned to mine
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6 the land so described shall be included with the application. In
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7 addition, the following conditions and requirements shall apply to
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8 Limited Use Permits:
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9 1. The maximum acreage shall be restricted to two (2) acres;
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10 2. The term of a Limited Use Permit shall not exceed twelve
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11 (12) months from the date of issuance;
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12 3. A Limited Use Permit shall not carry a right of successive
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13 renewal;
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14 4. A Limited Use Permit site must be reclaimed as required by
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15 Section 725 of this title within six (6) months following the
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16 expiration of the permit term;
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17 5. A three-thousand-five-hundred-dollar reclamation bond must
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18 be filed with the Department prior to issuance of the permit;
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19 6. Failure to reclaim the site disturbance within the permitted
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20 time frame or revocation of the Limited Use Permit will be cause for
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21 bond forfeiture or other action as may be ordered by the Department;
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22 7. The use of processing equipment shall not be approved for a
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23 Limited Use Permit;
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1 8. The use of explosives shall not be approved under a Limited
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2 Use Permit;
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3 9. A processing fee of One Hundred Dollars ($100.00) shall
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4 accompany the application for a Limited Use Permit; and
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5 10. Mining production shall be reported and paid as required by
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6 Section 931 of this title.
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7 If the above listed conditions and requirements are met, the
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8 Department may issue a Limited Use Permit which shall not be subject
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9 to the notice and publication requirements as otherwise required by
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10 this section.
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11 C. 1. Any operator desiring to engage in surface mining shall
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12 make written application to the Department for a permit.
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13 Application for such permit shall be made upon a form furnished by
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14 the Department. The form shall contain a description of the tract
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15 or tracts of land and the estimated number of acres to be affected
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16 by surface mining by the operator. The description shall include
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17 the section, township, range, and county in which the land is
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18 located and shall otherwise describe the land with sufficient
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19 certainty so that it may be located and distinguished from other
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20 lands.
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21 2. Transmission lines shall be plotted on a location map
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22 submitted with the application. A statement that the operator has
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23 the right and power by legal estate owned to mine by surface mining
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24 the land so described shall be included with the application.
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Req. No. 2445 Page 3
1 D. 1. Any operator desiring to engage in underground mining
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2 shall make written application to the Department for a permit.
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3 Application for such permit shall be made upon a form furnished by
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4 the Department. The form shall contain a description of the tract
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5 or tracts of land to be used as refuse disposal areas. The
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6 description shall include the section, township, range, and county
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7 in which the land is located and shall otherwise describe the land
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8 with sufficient certainty so that it may be located and
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9 distinguished from other lands.
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10 2. A statement that the applicant has the right and power by
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11 legal estate owned to use the land so described as a refuse disposal
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12 area shall be included with the application.
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13 E. Each application for a permit under subsections C and D of
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14 this section shall be accompanied by a plan of reclamation of the
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15 affected land that meets the requirements of the Mining Lands
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16 Reclamation Act. The application shall set forth the proposed use
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17 to be made of the affected land, the grading to be accomplished, and
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18 the type of revegetation, and shall include the approximate time of
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19 grading and initial revegetation effort.
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20 F. Each application for a permit under subsections C and D of
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21 this section shall be accompanied by the bond or security meeting
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22 the requirements of Section 728 of this title, or proof that such
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23 bond or security is still in effect, and a fee of One Hundred
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24 Seventy-five Dollars ($175.00) for each permit year, payable at the
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Req. No. 2445 Page 4
1 rate of One Hundred Seventy-five Dollars ($175.00) per year on the
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2 anniversary date of the year in which the permit or permit renewal
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3 was issued. All application fees shall be submitted to the State
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4 Treasurer, who shall deposit them in the Department of Mines
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5 Revolving Fund.
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6 G. 1. Upon the receipt of such application, bond or security,
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7 and fee due from the operator, the Department may issue a permit to
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8 the applicant which shall entitle the applicant to engage in mining
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9 on the land therein described in accordance with the rules
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10 promulgated by the Department, for the life expectancy of the
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11 operation unless the operator is in violation of any state statute
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12 or rule of the Department in which case the Department shall take
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13 appropriate action against the operator.
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14 2. All applications for renewal of existing permits shall be
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15 filed prior to the expiration of the existing permit in accordance
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16 with the rules promulgated by the Department.
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17 3. No permit shall be issued except upon proper application and
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18 public formal hearing, if requested.
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19 H. 1. a. Upon filing the application with the Department, the
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20 applicant shall place an advertisement in a newspaper
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21 of general circulation in the vicinity of the mining
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22 operation, containing such information as is required
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23 by the Department, at least once a week for four (4)
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24 consecutive weeks.
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1 b. The advertisement shall contain, at a minimum, the
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2 following:
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3 (1) the name and business address of the applicant,
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4 (2) a description which clearly shows or describes
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5 the precise location and boundaries of the
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6 proposed permit area and is sufficient to enable
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7 local residents to readily identify the proposed
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8 permit area. It may include towns, bodies of
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9 water, local landmarks, and any other information
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10 which would identify the location,
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11 (3) the location where a copy of the application is
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12 available for public inspection,
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13 (4) the name and address of the Department where
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14 written comments, objections, or requests for
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15 informal conferences formal hearings on the
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16 application may be submitted pursuant to
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17 subsection P of this section,
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18 (5) if an applicant seeks a permit to mine which
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19 includes relocation or closing of a public road,
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20 a copy of the county resolution pertaining to the
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21 affected county road, and
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22 (6) such other information as is required by the
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23 Department.
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1 2. Any property owner or resident of an occupied dwelling who
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2 may be adversely affected located within one (1) mile of the mining
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3 operation shall have the right to protest the issuance of a permit
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4 and request a public formal hearing.
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5 3. The Department shall notify the surface owners of any
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6 hearings in connection with applications or permits in the same
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7 manner as the operator is notified.
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8 4. Such protests must be received by the Department within
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9 fourteen (14) days after the date of publication of the newspaper
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10 advertisement. If a public formal hearing is requested, the
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11 Department shall then hold an informal a formal hearing in the
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12 vicinity of the proposed mining.
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13 5. Upon completion of findings after the hearing, the
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14 Department shall determine whether to issue or deny the permit, and
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15 shall notify all parties of its decision.
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16 6. Any decision regarding the issuance of a permit under this
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17 section shall be appealable when entered, as provided in the
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18 Administrative Procedures Act.
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19 I. Each application for a new operation shall contain, where
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20 applicable, a list of all other licenses and permits needed by the
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21 applicant to conduct the proposed mining operation. This list shall
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22 identify each license and permit by:
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23 1. Type of permit or license;
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24 2. Name and address of issuing authority;
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Req. No. 2445 Page 7
1 3. Identification number or a copy of the application for
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2 permits or licenses or, if issued, a copy of the permit or license;
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3 and
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4 4. If a decision has been made, the date of approval or
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5 disapproval by each issuing authority.
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6 An existing operation which does not have on file a list of the
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7 applicable licenses or permits with the Department on the date of
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8 enactment of this act June 5, 1998, shall not be out of compliance
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9 with the provisions of this section. Any renewal of an existing
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10 permit or expansion or amendment to an existing operation upon time
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11 of application shall submit a copy of all approved licenses and
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12 permits issued by other agencies or jurisdictions.
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13 Identifications of all permits and licenses shall include local
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14 government agencies with jurisdiction over or an interest in the
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15 area of the proposed mining operation including, but not limited to,
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16 planning agencies, water and sewer authorities;, and all state and
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17 federal government agencies with authority to issue permits and
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18 licenses applicable to the proposed mining operation, including all
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19 state environmental agencies, the U.S. Army Corps of Engineers, the
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20 U.S. Department of Agriculture Natural Resources Conservation
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21 Service district office, and federal fish and wildlife agencies.
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22 J. An operator desiring to have such operator's permit amended
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23 to cover additional land may file an amended application with the
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24 Department. Upon receipt of the amended application, and such
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Req. No. 2445 Page 8
1 additional bond as may be required under the provisions of the
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2 Mining Lands Reclamation Act, the Department shall issue an
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3 amendment to the original permit covering the additional land
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4 described in the amended application, without the payment of any
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5 additional fee.
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6 K. An operator may withdraw any land covered by a permit,
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7 deleting affected land therefrom, by notifying the Department, in
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8 which case the penalty of the bond or security filed by such
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9 operator pursuant to the provisions of the Mining Lands Reclamation
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10 Act shall be reduced proportionately.
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11 L. Permits issued to an operator may be transferable to another
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12 operator, provided the new operator can demonstrate to the
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13 Department, prior to the transfer of ownership, that conditions and
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14 obligations required for the permit will be met and the new operator
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15 has submitted a performance bond or other guarantee, or has obtained
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16 the bond coverage of the original permittee.
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17 M. The perimeter of the permit area shall be clearly marked by
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18 durable and recognizable markers or by other means approved by the
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19 Department.
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20 N. The Department shall determine the blasting distance to
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21 transmission lines by rule.
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22 O. 1. If any mining operations where blasting is required
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23 occur within the limits of a municipality with a population in
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24 excess of three hundred thousand (300,000) according to the latest
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1 Federal Decennial Census or within the limits of a municipality
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2 within a county with a population in excess of three hundred
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3 thousand (300,000) according to the latest Federal Decennial Census,
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4 the application for a permit pursuant to subsections C and D of this
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5 section shall be accompanied by proof that the operator is in full
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6 compliance with all applicable regulations of the municipality.
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7 Certified copies of any required municipal permits and any other
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8 required written municipal approvals shall be attached to the
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9 application when submitted to the Department. No mining permit
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10 shall be issued by the Department unless the applicant first
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11 complies with the requirements of this subsection. A municipality
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12 is not required to reconsider requests denied by the municipality
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13 related to the same site unless the municipality determines there
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14 has been a material change in the application.
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15 2. The provisions of paragraph 1 of this subsection shall not
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16 apply to existing permitted operations, revisions or amendments
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17 thereto, or any application on file with the Department prior to May
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18 25, 2005. In addition, the provisions of paragraph 1 of this
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19 subsection shall not apply to any future operation on property
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20 directly adjacent to property on which a permitted operation is
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21 located, provided that the operation is permitted and the adjacent
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22 property is owned or leased by the operator on the effective date of
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23 this act May 25, 2005. For purposes of this subsection, properties
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24 separated by a public road shall be considered to be adjacent.
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1 P. Within a reasonable time, as established by the Department,
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2 written comments or objections on permit or bond release
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3 applications may be submitted to the Department by public entities
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4 including, but not limited to, the local soil conservation district,
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5 with respect to the effects of the proposed mining operations on the
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6 environment.
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7 Q. Any person having an interest in or who is or may be
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8 adversely affected by the decision on a permit or bond release
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9 application, or any federal, state, or local agency, shall have the
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10 right to request in writing that the Department hold an informal
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11 conference a formal hearing on the application. The Department
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12 shall hold the informal conference formal hearing within a
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13 reasonable time following the receipt of the written request at a
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14 location in the vicinity of the proposed or active surface mining or
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15 reclamation operation.
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16 SECTION 2. This act shall become effective November 1, 2026.
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18 60-2-2445 CN 11/18/2025 12:02:28 PM
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Req. No. 2445 Page 11Every fact on this page links to its source, starting with the official bill record.