Industrial Minerals And Regulatory Requirements In Oklahoma ? Introduction

The regulatory landscape has changed considerably since the first passage of Oklahoma's land-reclamation requirements in 1968 (Open Cut Reclamation Act of 1968). The Oklahoma Legislature revised the reclamation requirements in 1971 with passage of the Mining Lands Reclamation Act. With the passage of this Act, the Legislature empowered the Oklahoma Department of Mines with jurisdiction for permitting and regulatory authority over non-coal (industrial-minerals) mining operations. This act required all operators to file with the State, through the Department of Mines, a written application for a permit to engage in non-coal mining. Each application consisted of a mining plan, which included location maps of the proposed mining area along with a reclamation plan for the area to be covered. Additionally, a reclamation bond is required prior to issuance of a permit to ensure that the site would be reclaimed. Since 1971, the Act has been amended to include public notification and public participation in the review process of any application. Also, the operator can request that the Department review the mining plan based on the Life Expectancy of the mine, instead of the original one-year plan (HB 1409 in 1993). Even though the operator is granted a mining plan tied to the "Life Expectancy" of the site, the permit is reviewed annually for compliance as required by law.