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House
File
1029
-
Introduced
HOUSE
FILE
1029
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HSB
225)
A
BILL
FOR
An
Act
providing
for
regulation
of
certain
noncoal
mine
sites,
1
including
the
reclamation
of
land
above
active
underground
2
mine
sites
disturbed
by
the
formation
of
sinkholes,
3
providing
fees,
making
penalties
applicable,
and
including
4
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
1141HV
(3)
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da/ns
H.F.
1029
Section
1.
NEW
SECTION
.
208.6
Maps.
1
Upon
request
by
the
division,
the
state
geologist
shall
2
furnish
the
division
with
the
latest
filed
maps
and
extensions
3
of
active
mine
sites
pursuant
to
section
456.11
.
4
Sec.
2.
Section
208.7,
Code
2025,
is
amended
to
read
as
5
follows:
6
208.7
Mining
license
——
fees
and
expiration.
7
An
operator
shall
not
engage
in
mining
as
defined
by
section
8
208.2
without
first
obtaining
a
license
from
the
division.
9
A
license
shall
be
issued
and
renewed
upon
approval
by
the
10
division
following
the
submission
of
a
completed
application
11
by
the
operator.
An
application
shall
be
submitted
on
a
12
form
provided
by
the
division
and
shall
be
accompanied
by
a
13
license
fee
of
fifty
seventy-five
dollars.
Each
applicant
14
shall
be
required
to
furnish
on
the
form
information
necessary
15
to
identify
the
applicant.
The
initial
license
shall
expire
16
on
December
31
of
the
year
of
issue.
An
initial
license
17
shall
be
renewed
by
the
division
as
required
by
the
division.
18
The
renewed
license
shall
expire
the
last
day
of
the
second
19
December
following
the
date
of
issue.
The
division
shall
renew
20
a
license
upon
approving
an
application
submitted
within
thirty
21
days
prior
to
the
expiration
date.
The
application
for
a
22
renewed
license
must
be
accompanied
by
a
fee
of
twenty
dollars.
23
A
political
subdivision
shall
not
be
required
to
pay
a
license
24
fee.
25
Sec.
3.
Section
208.8,
subsection
1,
Code
2025,
is
amended
26
to
read
as
follows:
27
1.
The
division
may
,
for
repeated
or
willful
for
a
violation
28
of
any
of
the
provisions
of
this
chapter
,
including
the
29
violation
of
a
rule
adopted
or
an
order
issued
pursuant
to
this
30
chapter
,
initiate
an
action
to
suspend,
revoke,
or
refuse
to
31
issue
a
mining
license.
32
Sec.
4.
Section
208.9,
Code
2025,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
2A.
An
operator
of
an
active
underground
35
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mine
site
shall
immediately
notify
the
division
of
the
1
formation
of
a
sinkhole
located
at
or
above
the
underground
2
mine
site.
3
Sec.
5.
Section
208.10A,
subsection
1,
unnumbered
paragraph
4
1,
Code
2025,
is
amended
to
read
as
follows:
5
Any
A
person
who
violates
an
order
issued
pursuant
to
section
6
208.10
or
208.17A
shall
be
subject
to
an
administrative
penalty
7
determined
by
the
division
not
to
exceed
five
thousand
dollars
8
per
violation.
9
Sec.
6.
NEW
SECTION
.
208.17A
Active
underground
mines.
10
1.
The
division
may
adopt
rules
providing
for
the
11
reclamation
of
lands
disturbed
due
to
the
formation
of
a
12
sinkhole
at
or
above
an
active
underground
mine
site
required
13
to
be
registered
pursuant
to
section
208.9
.
The
administrator
14
may
issue
an
emergency
remediation
order
to
the
operator
of
15
the
mine
requiring
immediate
restoration.
The
division
shall
16
deliver
a
copy
of
the
emergency
reclamation
order
to
the
17
operator
by
personal
service.
18
2.
The
division
may
require
the
operator
to
submit
to
the
19
division
for
approval
a
remediation
plan
or
statement
affirming
20
that
the
remediation
has
been
completed
in
compliance
with
21
division
requirements.
22
Sec.
7.
Section
208.19,
Code
2025,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
4.
This
section
does
not
apply
to
the
25
reclamation
of
an
active
underground
mine
site
as
provided
in
26
section
208.17A.
27
Sec.
8.
Section
208.20,
Code
2025,
is
amended
to
read
as
28
follows:
29
208.20
Extension
of
time.
30
The
time
for
completion
of
reclamation
work
may
be
extended
31
upon
presentation
by
the
operator
of
evidence
satisfactory
32
to
the
division
that
the
reclamation
of
affected
land
cannot
33
be
completed
within
the
time
specified
by
section
208.17A
or
34
208.19.
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Sec.
9.
NEW
SECTION
.
208.24A
Use
of
single
or
multiple
1
bonds.
2
Regardless
of
whether
an
operator
posts
a
number
of
multiple
3
bonds
each
for
a
single
mine
site
or
a
single
bond
for
multiple
4
mine
sites,
the
total
amount
of
the
multiple
bonds
combined
5
or
the
single
bond
shall
be
applied
to
cover
the
costs
of
6
completing
the
reclamation
of
lands
at
any
one
mine
site
7
required
to
be
registered
pursuant
to
section
208.9
.
8
Sec.
10.
Section
456.11,
subsection
9,
Code
2025,
is
amended
9
to
read
as
follows:
10
9.
Abandoned
mine
Mines
.
11
a.
When
any
an
underground
mine
is
worked
out
or
is
about
to
12
be
abandoned
or
indefinitely
closed,
the
operator
of
the
same
13
shall
make
or
cause
to
be
made
a
completed
and
extended
map
14
of
the
mine
and
the
result
of
the
same
shall
be
duly
extended
15
on
all
maps
of
the
mine
and
copies
thereof
so
as
to
show
all
16
excavations
and
the
most
advanced
workings
of
the
mine,
and
17
their
exact
relation
to
the
boundary
or
section
lines
on
the
18
surface,
and
deliver
to
the
state
geologist
a
copy
of
the
19
completed
map.
20
b.
When
an
underground
mining
site
is
active,
its
operator
21
shall
provide
a
current
map
and
current
map
extensions
of
22
the
active
underground
mining
site
to
the
state
geologist
as
23
required
by
the
state
geologist.
The
state
geologist
shall
24
deliver
a
copy
of
the
current
map
and
current
map
extensions
25
to
the
division
of
soil
conservation
and
water
quality
of
the
26
department
of
agriculture
and
land
stewardship
as
provided
in
27
section
208.6
.
28
Sec.
11.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
29
immediate
importance,
takes
effect
upon
enactment.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
BACKGROUND.
This
bill
amends
provisions
in
Code
chapter
208
34
regulating
the
mining
of
minerals,
including
surface
mining
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and
underground
mining,
other
than
for
coal,
and
provides
1
requirements
for
the
reclamation
of
lands
at
the
mine
site.
2
The
provisions
are
administered
and
enforced
by
the
division
3
of
soil
and
water
conservation
(division),
an
administrative
4
unit
of
the
department
of
agriculture
and
land
stewardship
5
(Code
chapter
159).
The
provisions
regulate
a
person
engaged
6
in
and
controlling
the
mining
operation
(operator).
This
7
includes
a
requirement
that
the
operator
be
issued
a
license
8
(Code
sections
208.7
and
208.8)
and
register
the
mine
being
9
operated
(Code
sections
208.9
and
209.15).
The
initial
license
10
application
fee
is
$50.
The
license
renewal
application
fee
is
11
$20.
The
registration
must
be
accompanied
by
a
bond
or
other
12
security.
The
bonding
provisions
include
requirements
for
13
the
posting
of
one
bond
covering
multiple
mine
sites,
and
the
14
cancellation
or
forfeiture
of
the
bond
(Code
sections
208.23,
15
208.24,
208.25,
208.26,
and
208.28).
After
the
completion
of
16
mining
operations,
the
operator
must
engage
in
the
reclamation
17
of
the
land
disturbed
by
mining
operations,
which
may
include
18
grading,
stabilizing,
and
revegetating
the
disturbed
lands
19
(Code
section
208.17).
The
division
may
issue
an
order
20
directing
an
operator
to
desist
in
an
activity
that
constitutes
21
a
violation
of
the
Code
chapter
and
a
person
who
violates
such
22
an
order
is
subject
to
an
administratively
assessed
civil
23
penalty
of
up
to
$5,000
per
violation
(Code
section
208.10A).
24
Alternatively,
the
division
may
notify
the
attorney
general
25
to
institute
a
civil
action
in
district
court
for
injunctive
26
relief
and
for
the
assessment
of
a
civil
penalty
not
to
exceed
27
$10,000
per
violation.
28
BILL’S
PROVISIONS.
The
bill
increases
the
initial
license
29
application
fee
to
$75.
The
bill
provides
requirements
when
30
the
operator
is
actively
engaged
in
mining
belowground
where
31
land
at
or
above
the
mine
site,
required
to
be
registered,
has
32
collapsed
in
the
form
of
a
sinkhole.
The
bill
requires
the
33
operator
to
immediately
notify
the
division
of
the
sinkhole.
34
The
division
may
adopt
rules
providing
for
the
reclamation
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of
lands
disturbed
due
to
the
formation
of
a
sinkhole
at
or
1
above
an
active
underground
mine
site.
The
division
may
2
issue
an
emergency
remediation
order
to
the
operator
of
the
3
mine
requiring
immediate
restoration.
The
division
may
also
4
require
the
operator
to
submit
to
the
division
for
approval
a
5
remediation
plan
or
statement
affirming
that
the
remediation
6
has
been
completed
in
compliance
with
division
requirements.
7
The
total
amount
of
the
combined
bonds
posted
by
an
operator
8
may
be
applied
to
cover
the
costs
of
reclaiming
land
disturbed
9
at
any
one
mine
site.
10
The
bill
takes
effect
upon
enactment.
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