Developments In Mined Land Reclamation Legislation In Arizona

The Arizona Legislature is currently in the process of considering mined land reclamation legislation in the 1994 legislative session. A bipartisan legislative study committee has drafted proposed mined land legislation. The committee has attempted to craft legislation that is appropriate for the unique conditions in Arizona. Existing Arizona and federal laws and regulations extensively regulate the environmental performance of mines in the state to protect public health, safety and the environment. The proposed mined land reclamation legislation does not replace or duplicate these statutory provisions relating to environmental protection. Instead, the purpose of the proposed legislation is to provide for the reclamation of land that is being mined and to fill the gap in existing laws by requiring the reclamation of land that currently is being mined or that has been mined since 1986 to provide for future land use. The legislation would require an operator to submit a reclamation plan describing the exploration operations, mining operations, post-mining land use and the proposed reclamation measures for review by a state agency. Financial assurance also would be required in an amount such that a third party could complete the approved reclamation measures. Arizona's mined land reclamation legislation would recognize Arizona's leading role in hard rock mining and emphasize the mining industry's economic importance to Arizona and the nation. Because mining operations necessarily require disturbing the surface of the earth to extract valuable minerals, reclamation requirements would be adapted to different conditions and would vary depending on site-specific conditions and on the commodity being mined. The current proposal does not identify the state agency that will administer the mined land reclamation program and approve reclamation plans, substantial changes to plans, and transfers of reclamation plans to other operators.