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Introduced Version Senate Bill 482 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 482

(By Senators Kessler and Stollings)

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[Introduced March 5, 2009; referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §5A-11-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5B-2A-6 of said code, all relating to prohibiting mining on cemetery land; and including surface mining on cemeteries in community impact statements.

Be it enacted by the Legislature of West Virginia:
That §5A-11-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §5B-2A-6 of said code be amended and reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

ARTICLE 11. PUBLIC LAND CORPORATION.
§5A-11-6. Competitive bidding and notice requirements before the development or extraction of minerals on certain lands; related standards.

(a) The corporation may enter into a lease or contract for the development of minerals, including, but not limited to, coal, gas, oil, sand or gravel on or under lands in which the corporation holds any right, title or interest. Provided, That However, no lease or contract may be entered into for the extraction and removal of minerals by surface mining or auger mining of coal.
(b) With the exception of deep mining operations which are already in progress and permitted as of July 5, 1989, the extraction of coal by deep mining methods under state forests or wildlife refuges may be permitted only if the lease or contract provides that no entries, portals, air shafts or other incursions upon and into the land incident to the mining operations may be placed or constructed upon the lands or within three thousand feet of its boundary.
(c) Any lease or contract entered into by the corporation for the development of minerals shall reserve to the state all rights to subjacent surface support with which the state is seized or possessed at the time of such lease or contract.
(d) Notwithstanding any other provisions of the code to the contrary, nothing herein may be construed to permit extraction of minerals by any method from, on or under any state park or state recreation area, nor the extraction of minerals by strip or auger mining upon any state forest or wildlife refuge.
(e) The corporation may enter into a lease or contract for the development of minerals where the lease or contract is not prohibited by any other provisions of this code, only after receiving sealed bids therefor, after notice by publication as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The area for publication shall be each county in which the minerals are located.
(f) The minerals so advertised may be leased or contracted for development at not less than the fair market value, as determined by an appraisal made by an independent person or firm chosen by the corporation, to the highest responsible bidder, who shall give bond for the proper performance of the contract or lease as the corporation designates. Provided, That However, the corporation may reject any and all bids and to readvertise for bids.
(g) If the provisions of this section have has been complied with, and no bid equal to or in excess of the fair market value is received, the corporation may, at any time during a period of six months after the opening of the bids, lease or contract for the development of the minerals, but the lease or contract price may not be less than the fair market value.
(h) Any lease or contract for the development of minerals entered into after the effective date of this section shall be made in accordance with the provisions of this section and section five of this article.
(i) The corporation will consult with the office of the Attorney General to assist the corporation in carrying out the provisions of this section.
(j) The corporation shall consult with an independent mineral consultant and any other competent third parties with experience and expertise in the leasing of minerals, to assist the corporation in carrying out the provisions of this section, including determining fair market value and negotiating terms and conditions of mineral leases.
(k) Once the lessee commences the production of minerals and royalties become due and are paid to the Public Land Corporation, the Public Land Corporation shall hire an independent auditing firm to periodically review the lessee's books and accounts for compliance of payment of appropriate royalties due the Public Land Corporation for its minerals as produced under the lease agreement.
(l) Notwithstanding any other provisions of the code to the contrary, nothing herein may be construed to permit extraction of minerals by any method from, on or under any cemetery.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.

ARTICLE 2A. OFFICE OF COALFIELD COMMUNITY DEVELOPMENT.
§5B-2A-6. Community impact statement.
(a)(1) The operator shall develop a community impact statement as described in this section, which shall be submitted to the office within sixty days of the filing of a surface-mining application pursuant to the provisions of article three, chapter twenty-two of this code. Failure to submit a community impact statement to the office shall be considered a violation under the provisions of section seventeen, article three, chapter twenty-two of this code; and
(2) The operator shall provide copies of the community impact statement to the division's office of mining reclamation and office of explosives and blasting and to the county commissions, county clerks' offices and local or regional economic development authorities of the areas to be affected by the surface-mining operations.
(b) The community impact statement, where practicable, shall not be a highly technical or legalistic document, but shall be written in a clear and concise manner understandable to all citizens. The community impact statement shall include the following:
(1) The amount and location of land to be mined or used in the actual mining operations;
(2) The expected duration of the mining operations in each area of the community;
(3) The extent of known or knowable anticipated mining-related property acquisitions; to the extent that such acquisitions are known or knowable
(4) The known or knowable intentions of the surface and mineral owners relative to the acquired property; to the extent that such intentions are known or knowable
(5) A statement of the post-mining land use for all land within the permit boundary;
(6) The intended blasting plan and the expected time and duration it will affect each community;
(7) Information concerning the extent and nature of valley fills and the watersheds to be affected; and
(8) Economic information, such as the number of jobs created and annual coal production resulting from the surface-mining operation, the anticipated life of the mining operation and such other information as may be deemed appropriate information; and
(9) The effects of surface mining on cemetery lands which are in close proximity to or included within the mining site.
(c) Where the operator makes any significant revision to the permit application under section eighteen, article three, chapter twenty-two of this code, which revision that substantially affects any of the information provided in subsection (b) of this section, the operator shall revise the affected provisions of its community impact statement and shall submit such revisions as set forth in subsection (a) of this section.
(d) The provisions of This section shall apply as follows:
(1) To all surface-mining permits granted after the effective date of this article; and
(2) At the first renewal date of all previously issued permits. Provided, That However, the permittee shall be afforded ninety days from said date to comply with the provisions of this section.


NOTE: The purpose of this bill is to require operators of mining sites to include the affects mining will have on cemeteries in close proximity to or included on the mining site.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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