Okla. Stat. tit. 45, § 45-742.1: Short title - Intent of Legislature - Application of act

- Public policy - Purpose of act.

This act shall be known and may be cited as the "Coal

Reclamation Act of 1979".

It is the intent of the Oklahoma Legislature that the Coal

Reclamation Act of 1978, Sections 742 et seq. of Title 45 of the

Oklahoma Statutes, and this Coal Reclamation Act of 1979, be read

together as the law regulating the reclamation of lands affected by

surface coal mining operations and the surface effects of

underground coal mining, to bring Oklahoma into compliance with

Public Law 95-87, the "Surface Mining Control and Reclamation Act of

1977".

The provisions of the Mining Lands Reclamation Act, Sections 721

through 728 of Title 45 of the Oklahoma Statutes, shall not apply to

surface coal mining operations or the surface effects of underground

coal mining operations.

The Oklahoma Legislature finds and declares that coal mining

operations presently contribute significantly to the nation's energy

requirements, that Oklahoma's coal production is part of those

energy requirements, and that the cooperative effort established by

this act is necessary to prevent or mitigate adverse environmental

effects of all surface mining operations.

It is the purpose of this act to protect the rights of surface

owners and the environment, and to require reclamation of lands

affected by surface and underground coal mining in a manner

compatible with the social, environmental and aesthetic needs of

this state. If reclamation is not feasible, surface mining

operations should not be conducted. It is the intent of the

Legislature to insure the existence of an expanding and economically

healthy coal mining industry and that there be public participation

in the development of rules and regulations appropriate to the State

of Oklahoma and that the Department of Mines exercise the full reach

of its powers to insure the protection of the public interest

through the effective control of surface mining operations.