Article 4 MINED-LAND CONSERVATION AND RECLAMATION

Article 4 MINED-LAND CONSERVATION AND RECLAMATION

49-401 Short title.
49-402 Declaration of policy.
49-402a Jurisdiction and authority vested in department of health and environment; powers, duties and functions conferred; abolition of board and office of executive director; application of documentary references and designations; rules and regulations, permits, orders and directives continued in effect until superseded.
49-402b Appropriations, unexpended balances transferred, use; officers and employees, liability for accrued compensation assumed by department of health and environment.
49-402c Property and records transferred; resolution of conflicts by governor.
49-402d Rights saved in legal actions and proceedings.
49-402e Officers and employees transferred; civil service status; benefits and rights retained.
49-403 Definitions.
49-404 Employment of inspectors and other personnel; contracts for technical services authorized; financial interest in coal mining operation prohibited; penalties for violation of prohibition; rules and regulations for enforcement; reports to congress.
49-405 Powers and authority of secretary.
49-405a Training, examination and certification of certain persons responsible for blasting or use of explosives; rules and regulations requiring.
49-405b Area designated as unsuitable for surface coal mining operations, when; petition to have area so designated or designation terminated; hearing; duties of secretary.
49-405c Civil penalty for violation of permit condition or provision of act; determination of amount of penalty; hearing; criminal penalty for violations; civil penalty for failure to correct a violation for which a citation has been issued; right to seek other relief not restricted.
49-405d Inspections, when; reports; signs, where, required information; violations; public records.
49-406 Permit to engage in surface mining; compliance with federal act required; annual statement of coal mined; application for permit, contents; notice of application for permit, publication; map and plan to accompany application; disapproval of application, when; fees; performance bonds; cash deposits, securities, mortgages on real estate; liability insurance; renewal of permits; application filed for public inspection, information required to be furnished.
49-407 Permit to engage in surface mining; approval, modification or denial; determination and order of secretary, contents; applicant to file schedule listing notices of violation; prime farmland area, effect; informal conference; notice and hearing on final determination; conduct of hearing.
49-408 Reclamation of land; regulations of secretary; public waters, extent.
49-409 Revegetation of affected areas.
49-410 Amendment of permit, application; requirements; limitation on transfer, assignment or sale of rights granted under permit; revision or modification of permit.
49-411 Commencement of reclamation, when; grading.
49-413 Planting report; inspection and evaluation of vegetative cover.
49-415 Reclamation reports; release of bond, when; hearing; conduct of hearing.
49-416 Effect of revocation of permit or forfeiture of bond upon future permits.
49-416a Review of notice or order; investigation and public hearing; order vacating, affirming, modifying or terminating notice or order; show cause order to suspend or revoke permit, hearing; assessment of costs.
49-417 Reclamation by secretary; use of authorized funds; authority to contract; competitive bids; posting of bond or cash deposit by contractor; release of operator's bond, when.
49-418 Effect on existing laws.
49-420 Mined-land conservation and reclamation fee fund and mined-land reclamation fund; administrative expenses.
49-421a Penalty for interference with performance of duties of department or its employees or agents.
49-422a Judicial review.
49-423 Savings clause.
49-425 Interests in water resources not affected; replacement of water supply.
49-426 Civil action to compel compliance with act; limitations; award of costs of litigation; rights to seek other relief not restricted; action for damages for injuries.
49-427 Coal exploration operations; exploration regulations; trade secrets or privileged commercial or financial information confidential; limitations on amount of coal removed under exploration permit.
49-428 Reclamation of land having abandoned mines; plans and programs developed by secretary; abandoned mined-land fund created; priorities in development of plans and programs; abandoned mines eligible for inclusion; application to secretary of interior; lien on reclaimed land; civil action by landowner.
49-429 Application of act to underground coal mining.
49-430 Supplemental provisions.
49-431 Act not applicable to extraction of coal in certain circumstances.
49-432 Authority of secretary and department personnel to enter property for certain purposes; entry construed as exercise of police power; studies, exploratory work.
49-433 Acquisition of abandoned mined-land; findings required; eminent domain permitted, when; acquisition expenditures; disposition of revenue.

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