Oklahoma § 45-740.2 - Legislative findings - Purpose

§ 45-740.2. Legislative findings - Purpose

A. The Legislature finds that:

1. The Congress of the United States has enacted the Surface

Mining Control and Reclamation Act of 1977, 30 U.S.C. Sections 1201

et seq., hereinafter cited as the "federal act", which provides for

the establishment of a nationwide program to regulate surface coal

mining and reclamation and which vests exclusive authority in the

Department of the Interior over the regulation of surface coal

mining and reclamation within the United States.

Oklahoma Statutes - Title 45. Mines and Mining

2. Section 101 of the federal act, 30 U.S.C. Section 1201,

contains the finding by Congress that because of the diversity in

terrain, climate, biologic, chemical and other physical conditions

in areas subject to mining operations, the primary governmental

responsibility for developing, authorizing, issuing and enforcing

regulations for surface mining and reclamation operations subject to

that act should rest with the states.

B. It is therefore declared to be the purpose of this act:

1.

To promote the reclamation of mined areas left without

adequate reclamation prior to the enactment of the federal act and

that continue, in their unreclaimed condition, to substantially

degrade the quality of the environment, to prevent or damage the

beneficial use of land or water resources or to endanger the health

or safety of the public;

2.

To assure that the rights of surface landowners and other

persons with a legal interest in the land or appurtenances to the

land are protected from previously unregulated surface coal mining

operations; and

3.

To prevent the adverse effects to society and the

environment resulting from previously unregulated surface coal

mining.

Laws 1981, c. 185, § 2, emerg. eff. May 19, 1981.