§ 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.

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.