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SB 2117

AN ACT to amend and reenact subsection 1 of section 38-14.2-02, and sections 38-14.2-04, 38-14.2-06, and 38-14.2-07 of the North Dakota Century Code, relating to abandoned surface mine reclamation.

69th Legislative Assembly (2025-26)

ND SB 2117 updates abandoned mine reclamation: expands eligible lands, creates Title IV fund set-asides, funds acid drainage treatment, subsidence, coal-fire control, and PSC admin

Filed with Secretary Of State 04/17
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Bill Summary · SB 2117

Summary — SB 2117 (North Dakota): Abandoned Surface Mine Reclamation

Status: Enacted — Signed by Governor 04/17/2025; filed with Secretary of State 04/17/2025
Introduced: March 10, 2025 (Energy & Natural Resources Committee; at request of the Public Service Commission)

Purpose

SB 2117 updates North Dakota law governing reclamation of abandoned surface mines. It revises definitions, clarifies what lands and waters are eligible for reclamation, and changes the structure and permitted uses of the state abandoned mine reclamation fund — including creation/clarification of two set‑aside trust accounts tied to federal Title IV grant receipts.

Key provisions and changes

  • Definition: Re‑enacts the statute defining an “abandoned mine reclamation plan” to explicitly cover reclamation of lands and water adversely affected by past coal and noncoal mining and to require ranking criteria and programmatic authority consistent with the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235).
  • State fund: Re‑creates the State Abandoned Mine Reclamation Fund and enumerates revenue sources, including:
    • Moneys applied for and received under Title IV of Pub. L. 95‑87 (federal abandoned mine reclamation grants),
    • Donations, charges for use of reclaimed/acquired lands (net of maintenance), lien satisfaction and proceeds from sales of lands, and other deposits.
  • Set‑aside trust accounts:
    • A set‑aside trust account funded by 10% of Title IV amounts awarded before December 20, 2006 (per Pub. L. 100‑34). Interest accrues to the account; legislative appropriation required to expend it; funds restricted (may not be used for noncoal projects).
    • A new “safeguarding treatment for the restoration of ecosystems from abandoned mines” set‑aside trust account funded by no more than 30% of the annual Title IV grant amount (as provided by Pub. L. 117‑58 and Pub. L. 117‑328). Interest accrues to the account. Authorized uses include:
    • Abatement and treatment of acid mine drainage (including construction/operation/maintenance/rehabilitation of treatment systems);
    • Prevention, abatement and control of subsidence; and
    • Prevention, abatement and control of coal mine fires.
    • Legislative appropriation required for administrative expenses drawn from this account.
  • Eligible lands/water: Clarifies eligibility for reclamation expenditures:
    • Coal‑related areas abandoned or left inadequately reclaimed prior to August 3, 1977, with no continuing reclamation responsibility under state law.
    • Noncoal mine sites may be eligible if reclamation is necessary to protect public health/safety/welfare/property, were left inadequately reclaimed prior to August 3, 1977, there is no other continuing responsibility, and the U.S. Secretary of the Interior has certified eligibility under 30 U.S.C. 1239 or 1240(a).
    • Sites designated for remedial action under the Uranium Mill Tailings Radiation Control Act or listed under CERCLA (Superfund) are excluded from eligibility under this chapter.
  • Administration (38‑14.2‑07): The bill amends the commission’s authority to administer the abandoned mine reclamation program and to expend funds consistent with the amended plan and federal requirements (text of the amended section was included in the bill but is truncated in the provided materials).

Who is affected

  • State agencies (Public Service Commission administering the program);
  • Communities and landowners near historic coal and qualifying noncoal mine sites in North Dakota;
  • Entities that may donate funds, lease or sell reclaimed lands, or be subject to liens related to reclamation costs.

Financial and procedural notes

  • The bill ties state fund set‑asides explicitly to federal Title IV grant receipts and federal authorization (including post‑2006 and post‑Public Law 117 allocations).
  • Expenditures from set‑aside accounts require legislative appropriation for administrative costs; certain set‑aside funds are restricted from use on noncoal projects.
  • Legislative and committee history: introduced Jan–Mar 2025; committee substitute adopted; reported favorably and passed by the Legislature; signed by the Governor 04/17/2025. Companion: HB 5007.

This summary focuses on substantive changes to funding, uses, and eligibility for abandoned mine reclamation in North Dakota enacted by SB 2117.

Compiled from official sources — confirm details with the bill’s official record.

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