Divisions: Reclamation

The Public Service Commission is responsible for the administration and enforcement of the law and rules governing the reclamation of lands that are surfacemined for coal. The governing state law is set forth in Chapter 38-14.1 of the North Dakota Century Code (Surface Mining and Reclamation Operations). The rules implementing the law are codified in Article 69- 05.2 of the North Dakota Administrative Code. The Commission is also bound by certain requirements of N.D.C.C. 38-18 (Surface Owner Protection Act). The mining and reclamation standards must be consistent with and as stringent as those set forth in the federal Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87).

The mission of the Reclamation Division is to administer the surface coal mining and reclamation program mandated by state and federal law to achieve optimum results in a cost effective and fair manner; and to ensure that mining operations subject to this program are conducted in such a way that they: 1) are environmentally sound and minimize adverse effects; 2) protect public interest and the rights of property owners; 3) return mined lands to beneficial uses; and 4) restore the productivity of mined agricultural lands to premine levels.

The Commission's Reclamation Division is charged with the responsibility of administering the State's program regulating the surface mining of coal. The program is primarily an environmental protection program. The Reclamation Division's mission statement is as follows:

The Reclamation Division strives to administer the surface coal mining and reclamation program mandated by state and federal law to achieve optimum results in a cost-effective and fair manner, and to ensure that mining operations subject to this program are conducted in such a way that they:

• Are environmentally sound and minimize adverse effects;
• Protect public interest and the rights of property owners;
• Return mined lands to beneficial uses; and
• Restore the productivity of mined agricultural lands to premine levels.

Related goals are to:

• Continually carry out the mine permitting, inspection and bond release activities in a manner that provides the required protection to the environment and property owners while being responsive to needs of the mining industry.
• Continually evaluate and adjust the regulatory program to achieve the optimum balance among environmental protection, least-cost industry operations and landowner pursuit of agricultural interests;
• Continue to explore the scientific, engineering and statistical underpinnings of the regulatory program and make every effort to see that improvements resulting from that exploration are made at both the state and federal level;
• Promote public awareness of the regulatory program through increased contact with relevant organizations and potentially affected landowners; and
• Maintain maximum staff effectiveness by providing training and other opportunities for professional growth.