Oklahoma § 45-781 - Land unsuitable for certain types of surface coal mining

§ 45-781. Land unsuitable for certain types of surface coal mining

operations - Designation - Criteria.

A. The Department shall establish a planning process enabling

objective decisions based upon competent and scientifically sound

Oklahoma Statutes - Title 45. Mines and Mining

data and information as to which, if any, land areas or this state

are unsuitable for all or certain types of surface coal mining

operations pursuant to the standards set forth in this section but

such designation shall not prevent the mineral exploration pursuant

to this act of any area so designated.

B. Upon petition, the Department shall designate an area as

unsuitable for all or certain types of surface coal mining

operations if the Department determines that reclamation pursuant to

the requirements of this act is not technologically and economically

feasible.

C. Upon petition, a surface area may be designated unsuitable

for certain types of surface coal mining operations if such

operations will:

1. Be incompatible with existing state or local land use plans

or programs;

2. Affect fragile or historic lands in which such operations

could result in significant damage to important historic, cultural,

scientific and esthetic values and natural systems;

3. Affect renewable resource lands in which such operations

could result in a substantial loss or reduction of long-range

productivity of water supply or of food or fiber products, and such

lands to include aquifers and aquifer recharge areas; or

4. Affect natural hazard lands in which such operations could

substantially endanger life and property, such lands to include

areas subject to frequent flooding and areas of unstable geology.

D. Determinations of the unsuitability of land for surface coal

mining, as provided for in this section, shall be integrated as

closely as possible with present and future land use planning and

regulation processes at the federal, state and local levels.

E. The requirements of this section shall not apply to lands on

which surface coal mining operations were being conducted on August

3, 1977, or under a permit issued pursuant to this act or the Coal

Reclamation Act of 1978, or where substantial legal and financial

commitments in such operation were in existence prior to January 4,

1977.

Laws 1979, c. 249, § 48, emerg. eff. June 1, 1979.