AN ACT to amend and reenact subsection 1 of section 38-14.2-02, and sections 38-14.2-04, 38-14.2-06, and 38-14.2-07 of the North Dakota Century Code, relating to abandoned surface mine reclamation.
SB2117 updates North Dakota’s abandoned mine reclamation law, which governs how the state identifies, prioritizes, and funds cleanup of lands and waters damaged by past mining. The bill revises the statutory definition of the state abandoned mine reclamation plan and amends the sections that create and govern the abandoned mine reclamation fund and related set-aside trust accounts. It also updates the list of eligible reclamation activities, including restoration of abandoned coal and noncoal mine sites, treatment of acid mine drainage, control of subsidence and mine fires, and related studies and administrative expenses.
The bill also refines the eligibility rules and project priorities for the state’s reclamation program. It preserves the framework for using federal title IV reclamation grants, state fund revenues, donations, recovered lien proceeds, and land-sale proceeds, while adding or clarifying a separate trust account tied to ecosystem restoration and safeguarding treatment. The measure continues to limit noncoal reclamation to circumstances allowed under federal law and requires federal certification before certain noncoal projects may proceed. It also reorders and clarifies the priority list for spending, emphasizing administrative needs first, then public health and safety threats, then broader environmental restoration and public facility impacts.
SB2117 amends North Dakota Century Code chapter 38-14.2, affecting the state abandoned mine reclamation program, the abandoned mine reclamation fund, the set-aside trust accounts, and the criteria for eligible lands and water. The bill primarily aligns state law with federal abandoned mine reclamation funding and program requirements, including provisions tied to the Surface Mining Control and Reclamation Act and later federal amendments. It affects the Public Service Commission’s authority to administer reclamation projects and the use of state and federal moneys for mine cleanup, drainage abatement, subsidence control, and related environmental restoration.
The bill appears to have been noncontroversial and broadly supported. It passed the Senate 46-0 with one absent and the House 89-0 with five absent, indicating unanimous support among voting members in both chambers. No committee transcript or recorded debate was provided, and the voting record suggests the measure was viewed as a routine or technical update to an existing reclamation program rather than a disputed policy change.
No specific points of contention are evident in the available record. Because there were no committee transcripts and the bill passed unanimously, there is no documented opposition from legislators, agencies, industry, landowners, or environmental stakeholders in the materials provided. Any potential issues would likely have centered on the scope of eligible noncoal reclamation, the creation and use of trust accounts, or the prioritization of limited reclamation funds, but none of those concerns are reflected in the vote or discussion history here.