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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1196 By: Bullard
AS INTRODUCED
An Act relating to the Mining Lands Reclamation Act;
amending 45 O.S. 2021, Section 724, which relates to
permits and limited use permits; modifying types of
hearings required; updating statutory language and
references; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 45 O.S. 2021, Section 724, is
amended to read as follows:
Section 724. A. It shall be unlawful for any operator to
engage in any mining operations in this state without first
obtaining a permit or a Limited Use Permit from the Department of
Mines for each separate mining operation. The Department shall
determine what constitutes a separate mining operation by rules
promulgated under the Mining Lands Reclamation Act.
B. Any operator desiring to engage in limited mining activity
may apply for a Limited Use Permit for those mining operations not
eligible for a surface mining permit. Application for such permit
shall be made upon forms furnished by the Department. The form
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forms shall contain a description of the tract or tracts of land and
shall include the section, township, range, and county in which the
land is located. A map shall be attached to the application which
accurately outlines and locates the tract of land. A statement that
the applicant has the right and power by legal estate owned to mine
the land so described shall be included with the application. In
addition, the following conditions and requirements shall apply to
Limited Use Permits:
1. The maximum acreage shall be restricted to two (2) acres;
2. The term of a Limited Use Permit shall not exceed twelve
(12) months from the date of issuance;
3. A Limited Use Permit shall not carry a right of successive
renewal;
4. A Limited Use Permit site must be reclaimed as required by
Section 725 of this title within six (6) months following the
expiration of the permit term;
5. A three-thousand-five-hundred-dollar reclamation bond must
be filed with the Department prior to issuance of the permit;
6. Failure to reclaim the site disturbance within the permitted
time frame or revocation of the Limited Use Permit will be cause for
bond forfeiture or other action as may be ordered by the Department;
7. The use of processing equipment shall not be approved for a
Limited Use Permit;
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8. The use of explosives shall not be approved under a Limited
Use Permit;
9. A processing fee of One Hundred Dollars ($100.00) shall
accompany the application for a Limited Use Permit; and
10. Mining production shall be reported and paid as required by
Section 931 of this title.
If the above listed conditions and requirements are met, the
Department may issue a Limited Use Permit which shall not be subject
to the notice and publication requirements as otherwise required by
this section.
C. 1. Any operator desiring to engage in surface mining shall
make written application to the Department for a permit.
Application for such permit shall be made upon a form furnished by
the Department. The form shall contain a description of the tract
or tracts of land and the estimated number of acres to be affected
by surface mining by the operator. The description shall include
the section, township, range, and county in which the land is
located and shall otherwise describe the land with sufficient
certainty so that it may be located and distinguished from other
lands.
2. Transmission lines shall be plotted on a location map
submitted with the application. A statement that the operator has
the right and power by legal estate owned to mine by surface mining
the land so described shall be included with the application.
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D. 1. Any operator desiring to engage in underground mining
shall make written application to the Department for a permit.
Application for such permit shall be made upon a form furnished by
the Department. The form shall contain a description of the tract
or tracts of land to be used as refuse disposal areas. The
description shall include the section, township, range, and county
in which the land is located and shall otherwise describe the land
with sufficient certainty so that it may be located and
distinguished from other lands.
2. A statement that the applicant has the right and power by
legal estate owned to use the land so described as a refuse disposal
area shall be included with the application.
E. Each application for a permit under subsections C and D of
this section shall be accompanied by a plan of reclamation of the
affected land that meets the requirements of the Mining Lands
Reclamation Act. The application shall set forth the proposed use
to be made of the affected land, the grading to be accomplished, and
the type of revegetation, and shall include the approximate time of
grading and initial revegetation effort.
F. Each application for a permit under subsections C and D of
this section shall be accompanied by the bond or security meeting
the requirements of Section 728 of this title, or proof that such
bond or security is still in effect, and a fee of One Hundred
Seventy-five Dollars ($175.00) for each permit year, payable at the
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rate of One Hundred Seventy-five Dollars ($175.00) per year on the
anniversary date of the year in which the permit or permit renewal
was issued. All application fees shall be submitted to the State
Treasurer, who shall deposit them in the Department of Mines
Revolving Fund.
G. 1. Upon the receipt of such application, bond or security,
and fee due from the operator, the Department may issue a permit to
the applicant which shall entitle the applicant to engage in mining
on the land therein described in accordance with the rules
promulgated by the Department, for the life expectancy of the
operation unless the operator is in violation of any state statute
or rule of the Department in which case the Department shall take
appropriate action against the operator.
2. All applications for renewal of existing permits shall be
filed prior to the expiration of the existing permit in accordance
with the rules promulgated by the Department.
3. No permit shall be issued except upon proper application and
public formal hearing, if requested.
H. 1. a. Upon filing the application with the Department, the
applicant shall place an advertisement in a newspaper
of general circulation in the vicinity of the mining
operation, containing such information as is required
by the Department, at least once a week for four (4)
consecutive weeks.
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b. The advertisement shall contain, at a minimum, the
following:
(1) the name and business address of the applicant,
(2) a description which clearly shows or describes
the precise location and boundaries of the
proposed permit area and is sufficient to enable
local residents to readily identify the proposed
permit area. It may include towns, bodies of
water, local landmarks, and any other information
which would identify the location,
(3) the location where a copy of the application is
available for public inspection,
(4) the name and address of the Department where
written comments, objections, or requests for
informal conferences formal hearings on the
application may be submitted pursuant to
subsection P of this section,
(5) if an applicant seeks a permit to mine which
includes relocation or closing of a public road,
a copy of the county resolution pertaining to the
affected county road, and
(6) such other information as is required by the
Department.
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2. Any property owner or resident of an occupied dwelling who
may be adversely affected located within one (1) mile of the mining
operation shall have the right to protest the issuance of a permit
and request a public formal hearing.
3. The Department shall notify the surface owners of any
hearings in connection with applications or permits in the same
manner as the operator is notified.
4. Such protests must be received by the Department within
fourteen (14) days after the date of publication of the newspaper
advertisement. If a public formal hearing is requested, the
Department shall then hold an informal a formal hearing in the
vicinity of the proposed mining.
5. Upon completion of findings after the hearing, the
Department shall determine whether to issue or deny the permit, and
shall notify all parties of its decision.
6. Any decision regarding the issuance of a permit under this
section shall be appealable when entered, as provided in the
Administrative Procedures Act.
I. Each application for a new operation shall contain, where
applicable, a list of all other licenses and permits needed by the
applicant to conduct the proposed mining operation. This list shall
identify each license and permit by:
1. Type of permit or license;
2. Name and address of issuing authority;
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3. Identification number or a copy of the application for
permits or licenses or, if issued, a copy of the permit or license;
and
4. If a decision has been made, the date of approval or
disapproval by each issuing authority.
An existing operation which does not have on file a list of the
applicable licenses or permits with the Department on the date of
enactment of this act June 5, 1998, shall not be out of compliance
with the provisions of this section. Any renewal of an existing
permit or expansion or amendment to an existing operation upon time
of application shall submit a copy of all approved licenses and
permits issued by other agencies or jurisdictions.
Identifications of all permits and licenses shall include local
government agencies with jurisdiction over or an interest in the
area of the proposed mining operation including, but not limited to,
planning agencies, water and sewer authorities;, and all state and
federal government agencies with authority to issue permits and
licenses applicable to the proposed mining operation, including all
state environmental agencies, the U.S. Army Corps of Engineers, the
U.S. Department of Agriculture Natural Resources Conservation
Service district office, and federal fish and wildlife agencies.
J. An operator desiring to have such operator’s permit amended
to cover additional land may file an amended application with the
Department. Upon receipt of the amended application, and such
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additional bond as may be required under the provisions of the
Mining Lands Reclamation Act, the Department shall issue an
amendment to the original permit covering the additional land
described in the amended application, without the payment of any
additional fee.
K. An operator may withdraw any land covered by a permit,
deleting affected land therefrom, by notifying the Department, in
which case the penalty of the bond or security filed by such
operator pursuant to the provisions of the Mining Lands Reclamation
Act shall be reduced proportionately.
L. Permits issued to an operator may be transferable to another
operator, provided the new operator can demonstrate to the
Department, prior to the transfer of ownership, that conditions and
obligations required for the permit will be met and the new operator
has submitted a performance bond or other guarantee, or has obtained
the bond coverage of the original permittee.
M. The perimeter of the permit area shall be clearly marked by
durable and recognizable markers or by other means approved by the
Department.
N. The Department shall determine the blasting distance to
transmission lines by rule.
O. 1. If any mining operations where blasting is required
occur within the limits of a municipality with a population in
excess of three hundred thousand (300,000) according to the latest
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Federal Decennial Census or within the limits of a municipality
within a county with a population in excess of three hundred
thousand (300,000) according to the latest Federal Decennial Census,
the application for a permit pursuant to subsections C and D of this
section shall be accompanied by proof that the operator is in full
compliance with all applicable regulations of the municipality.
Certified copies of any required municipal permits and any other
required written municipal approvals shall be attached to the
application when submitted to the Department. No mining permit
shall be issued by the Department unless the applicant first
complies with the requirements of this subsection. A municipality
is not required to reconsider requests denied by the municipality
related to the same site unless the municipality determines there
has been a material change in the application.
2. The provisions of paragraph 1 of this subsection shall not
apply to existing permitted operations, revisions or amendments
thereto, or any application on file with the Department prior to May
25, 2005. In addition, the provisions of paragraph 1 of this
subsection shall not apply to any future operation on property
directly adjacent to property on which a permitted operation is
located, provided that the operation is permitted and the adjacent
property is owned or leased by the operator on the effective date of
this act May 25, 2005. For purposes of this subsection, properties
separated by a public road shall be considered to be adjacent.
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P. Within a reasonable time, as established by the Department,
written comments or objections on permit or bond release
applications may be submitted to the Department by public entities
including, but not limited to, the local soil conservation district,
with respect to the effects of the proposed mining operations on the
environment.
Q. Any person having an interest in or who is or may be
adversely affected by the decision on a permit or bond release
application, or any federal, state, or local agency, shall have the
right to request in writing that the Department hold an informal
conference a formal hearing on the application. The Department
shall hold the informal conference formal hearing within a
reasonable time following the receipt of the written request at a
location in the vicinity of the proposed or active surface mining or
reclamation operation.
SECTION 2. This act shall become effective November 1, 2026.
60-2-2445 CN 11/18/2025 12:02:28 PM