15-58-103. Declaration of policy.

15-58-103. Declaration of policy. The General Assembly of the State of Arkansas declares that it is the purpose of this subchapter to: (1) Assure that the coal supply essential to society's energy requirements and to its economic and social well-being is provided; (2) Establish a statewide program for surface coal mining and reclamation which is designed to protect society and the environment from the adverse effects of surface coal mining; (3) 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 unregulated surface mining operations; (4) Assure that the surface mining operations are not conducted where reclamation as required by this subchapter is not feasible; (5) Assure that surface coal mining operations are so conducted as to protect the environment; (6) Assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations; (7) Assure that appropriate procedures are provided for public participation in the development, revision, and enforcement of rules, standards, reclamation plans, or programs established pursuant to this subchapter; (8) Strike a balance between protection of the environment and agricultural productivity and the state's and the nation's need for coal as an essential source of energy; (9) Assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within the state by developing and implementing a state program pursuant to the Surface Mining Control and Reclamation Act of 1977, Public Law No. 95-87 which meets all the requirements of section 503 of the Surface Mining Control and Reclamation Act of 1977, Public Law No. 95-87 and which thereby will enable the state to assume such exclusive jurisdiction; (10) Promote reclamation of mined areas in this state, which were left without adequate reclamation prior to August 3, 1977, and which continue in their unreclaimed condition to substantially degrade the quality of the environment, prevent or damage the beneficial use of the land or water resources, or endanger the health or safety of the public by developing and implementing a state abandoned mine reclamation program pursuant to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 which complies with the requirements for a state abandoned mine reclamation program set forth therein and which shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and of the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and by issuing rules which will supply the legal authority and programmatic capability to perform such work in conformance with the provisions of Title IV of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87; and (11) Wherever necessary, exercise the full reach of state powers to ensure the protection of the public interest through effective control of surface coal mining and reclamation operations.