No. 35796 (5-year Review): Rule R643-877. Rights of Entry

DAR File No.: 35796
Filed: 02/01/2012 05:53:21 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 40-10-6 provides for rulemaking authority to the Board of Oil, Gas and Mining as necessary for the regulation of coal mining operations and reclamation operations. Section 40-10-27 specifically establishes provisions for entry upon land adversely affected by past mining.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule establishes procedures that are necessary for entry upon land for reclamation purposes by the Abandoned Mine Reclamation Program. This rule should be continued so the Abandoned Mine Reclamation Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Oil, Gas and Mining; Abandoned Mine ReclamationRoom 1210
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Steve Schneider at the above address, by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at [e-mail]

Authorized by:

John Baza, Director

Effective:

02/01/2012

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