MARVIN MANDEL, Governor

2783

MORE CONTIGUOUS PARCELS OF LAND WITH COMMON OWNERSHIP.
[[7-7B02]] 7-6A02. LEGISLATIVE INTENT.

(A)   FINDINGS.

THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE
EXTRACTION OF MINERALS BY MINING IS A BASIC AND ESSENTIAL
ACTIVITY MAKING AN IMPORTANT CONTRIBUTION TO THE ECONOMIC
WELL-BEING OF THE STATE AND THE NATION. FURTHERMORE, IT
IS NOT PRACTICAL TO EXTRACT MINERALS REQUIRED BY OUR
SOCIETY WITHOUT DISTURBING THE SURFACE OF THE EARTH AND
PRODUCING WASTE MATERIALS, AND THE VERY CHARACTER OF
CERTAIN SURFACE MINING OPERATIONS PRECLUDES COMPLETE
RESTORATION OF THE LAND TO ITS ORIGINAL CONDITION.
HOWEVER, IT IS POSSIBLE TO CONDUCT MINING IN A WAY TO
MINIMIZE ITS EFFECTS ON THE SURROUNDING ENVIRONMENT.
FURTHERMORE, PROPER RECLAMATION OF MINED LAND IS
NECESSARY TO PREVENT UNDESIRABLE LAND AND WATER
CONDITIONS THAT WOULD BE DETRIMENTAL TO THE GENERAL
WELFARE, HEALTH, SAFETY, BEAUTY, AND PROPERTY RIGHTS OF
THE CITIZENS OF THE STATE. IN ADDITION, THERE ARE
CERTAIN CIRCUMSTANCES WHEN SURFACE MINING IS NOT
DESIRABLE, SUCH AS WHEN THE OPERATION WILL HAVE AN UNDULY
ADVERSE EFFECT ON WILDLIFE OR FRESH WATER, ESTUARINE, OR
MARINE FISHERIES. THE GENERAL ASSEMBLY FINDS THAT THE
CONDUCT OF MINING AND RECLAMATION OF MINED LANDS AS
PROVIDED BY THIS SUBTITLE WILL ALLOW THE MINING OF
VALUABLE MINERALS AND PROVIDE FOR THE PROTECTION OF THE
STATE'S ENVIRONMENT AND THE SUBSEQUENT BENEFICIAL USE OF
THE MINED AND RECLAIMED LAND.

(B)   PURPOSE OF SUBTITLE.

THIS SUBTITLE IS AN EXERCISE OF THE POLICE POWERS OF
THE STATE FOR THE GENERAL WELFARE OF THE PEOPLE OF THE
STATE, BY PROVIDING FOR THE PROTECTION AND CONSERVATION
OF THE NATURAL RESOURCES OF THE STATE AND THE RECLAMATION
OF AREAS OF LAND AFFECTED IN THE SURFACE MINING OF
METALLIC AND NON-METALLIC MINERALS OTHER THAN COAL, TO
AID IN THE PROTECTION OF BIRDS AND WILDLIFE, TO DECREASE
SOIL EROSION, TO PREVENT POLLUTION OF RIVERS, STREAMS,
AND LAKES, TO PREVENT LOSS OR WASTE OF VALUABLE MINERAL
RESOURCES, TO PREVENT AND ELIMINATE HAZARDS TO HEALTH AND
SAFETY, TO PROVIDE FOR RECLAMATION OF MINED AREAS SO AS
TO ASSURE THE USE OF THESE LANDS FOR PRODUCTIVE PURPOSES,
AND GENERALLY TO PROVIDE FOR THE CONTINUED USE AND
ENJOYMENT OF THESE LANDS.

[[7-7B03]] 7-6A03. RULES AND REGULATIONS.

THE DEPARTMENT MAY ADOPT RULES AND REGULATIONS
REASONABLY NECESSARY FOR THE ADMINISTRATION OF THIS
SUBTITLE. RULES AND REGULATIONS SHALL BE ADOPTED IN