House Bill No. by Representative Robby Carter seeks to establish the Louisiana Noncoal Surface Mining Law by enacting Chapter 9-C of Subtitle I of Title 30 of the Louisiana Revised Statutes. This legislation aims to regulate non-coal surface mining activities, ensuring land reclamation and the protection of natural resources. Key provisions include the requirement for operators to obtain permits before commencing mining operations, the submission of detailed five-year reclamation plans, and the establishment of a $1,000 permit fee, which will be deposited into the Noncoal Mine Land Reclamation Fund. The bill also introduces a reclamation fee of three cents per ton on the sale of minerals to support the state's regulatory program.
The Department of Conservation and Energy will have exclusive jurisdiction over noncoal mining operations, with the authority to enforce regulations and conduct inspections to ensure compliance. The bill outlines penalties for violations, including fines for operating without a permit and civil penalties for non-compliance. It also provides a process for designating areas as unsuitable for mining, allowing affected individuals to petition for such designations. Certain activities, such as noncommercial operations by political subdivisions, are exempt from the law's provisions. Additionally, the bill ensures the protection of confidential trade information submitted by operators and allows for judicial review of final decisions made by the department.