Lands and water eligible for reclamation or drainage abatement expenditures under this chapter are those which were mined for coal or which were affected by such mining, wastebanks, coal processing or other coal mining processes and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and for which there is no continuing reclamation responsibility under other state laws. Lands and water which were mined or affected by mining for minerals and materials other than coal are also eligible for reclamation under this chapter if the reclamation is necessary to protect public health, safety, general welfare, and property, the noncoal abandoned mine lands were left in an inadequate reclamation status prior to August 3, 1977, there is no continuing reclamation responsibility under other state or federal laws, and the state has received certification from the United States secretary of the interior under 30 U.S.C. 1239 or 30 U.S.C. 1240(a). Lands and water designated for remedial action under the Uranium Mill Tailings Radiation Control Act of 1978 [42 U.S.C. 7901 et seq.] or listed for remedial action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C. 9601 et seq.] are not eligible for reclamation or drainage abatement expenditures under this chapter.
38-14.2-07. Commission authorized to administer abandoned mine reclamation program - Objectives - Priorities. 1. The commission is hereby authorized to develop, administer, and enforce an abandoned mine reclamation program. Expenditure of funds for the projects under this program must reflect priorities in the order stated: a. The protection of public health, safety, and property from extreme danger resulting from the adverse effects of past coal mining practices, including the restoration of eligible land and water resources and the environment: (1) Previously degraded by the adverse effects of coal mining practices; and (2) Located adjacent to a site that has been or will be remediated to protect the public health, safety, and property from extreme danger of adverse effects of coal mining practices. b. The protection of public health and safety from adverse effects of past coal mining practices which do not constitute an extreme danger, including the restoration of eligible land and water resources and the environment: (1) Previously degraded by the adverse effects of coal mining practices; and (2) Located adjacent to a site that has been or will be remediated to protect the public health and safety from adverse effects of coal mining practices. c. The restoration of eligible land and water resources and the environment previously degraded by adverse effects of past coal mining practices, including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity. d. The protection, repair, replacement, construction, or enhancement of public water supply facilities, including water distribution facilities and treatment plants adversely affected by coal mining practices. 2. The protection of the public from hazards endangering life and property resulting from the adverse effects of past noncoal mining practices upon certification from the United States secretary of interior as provided in 30 U.S.C. 1240(a). However, upon request by the governor of the state of North Dakota and approval by the secretary of the interior, such work may be undertaken before the priorities related to past coal mining have been fulfilled. Expenditure of funds from the project under this subsection must reflect the priorities in the order stated: a. The protection of public health, safety, general welfare, and property from the adverse effects of noncoal mining practices. b. The protection of public health, safety, and general welfare from adverse effects of noncoal mining practices. c. The restoration of land and water resources and the environment previously degraded by the adverse effects of noncoal mining practices. 3. Funds granted by the secretary of interior under title IV of Public Law No. 95-87 as provided by Public Law No. 117-58 may be used only for the activities described in subsection 1.