North Dakota directs cleanup funds toward eligible abandoned mine sites

North Dakota may set aside part of specified federal mine-cleanup grants in an account that earns interest. The money can pay to treat acidic drainage from coal mines, prevent or control sinking ground, and prevent or control coal-mine fires. The account may receive no more than 30 percent of the specified annual federal grants under Public Laws 117-58 and 117-328. Interest stays in the account. The legislature must approve spending from the account for program administration.

North Dakota limits which abandoned mine sites qualify for cleanup spending. These rules cover land and water damaged by coal mining or mining for other minerals and materials. Coal sites must have no continuing cleanup responsibility under other state laws. Noncoal sites must have none under other state or federal laws. Noncoal cleanup must be needed to protect public health, safety, general welfare, and property. North Dakota must also have the required federal certification. Sites designated for cleanup under the federal uranium mill tailings law or listed under the federal hazardous-substance cleanup law are excluded. Coal sites must have been abandoned or left poorly restored before August 3, 1977. Noncoal sites must have been left poorly restored before that date.

The Public Service Commission must follow the law's spending priorities for coal-mine cleanup projects. The priorities apply to projects in North Dakota's abandoned coal-mine cleanup program. Spending must first address extreme dangers to public health, safety, and property, followed by other health and safety dangers. Restoring damaged land and water comes next, followed by work on public water supply facilities harmed by coal mining. The first two priorities also include restoring eligible land and water damaged by coal mining and located beside a site repaired, or scheduled for repair, to address those dangers.

North Dakota may carry out noncoal mine cleanup with federal certification, but specified federal grants can fund only the listed coal-mine activities. The noncoal program covers hazards to life and property caused by past mining for materials other than coal. Noncoal work may proceed before coal priorities are fulfilled only if the governor requests it and the United States secretary of the interior approves. Noncoal spending must first protect health, safety, and property, then protect health, safety, and general welfare, and then restore damaged land and water. Federal grants under Public Law 117-58 may fund only the coal-mine activities listed in subsection 1. This restriction does not cover every funding source.