There is a Bureau of Mines, established as part of the Department. The main office of the Bureau shall be located in either Garrett County or Allegany County. The Director of the Bureau, with the approval of the Secretary, shall select the location.

The Secretary shall appoint the Director of the Bureau of Mines who shall serve at the Secretary’s pleasure. The Director shall have executive ability and either a degree in mining engineering from an accredited institution of higher education or comparable knowledge in the principles and practices of mining, planning, design, conservation, and research, and experience in reclamation, abandoned mine restoration, drainage abatement, and administration. The Director shall devote full time to the duties of the Director’s office, and may not directly or indirectly have a financial interest in any way in any coal mine, mining operation, or mining investment in this or any contiguous state. The Director is responsible for the exercise of every power and duty conferred on the Department by the provisions of this title and delegated to the Director by the Secretary.

The Bureau shall supervise the execution and enforcement of any law enacted for the health and safety of persons and protection and conservation of property within, about, or related to bituminous coal mines in the State. To this end, it shall adopt and enforce necessary rules and regulations after giving due notice. The Bureau shall compile, publish, and distribute to interested persons, the mining laws and rules and regulations. The publication shall be made at reasonable times to keep the laws and rules and regulations current. The Bureau shall keep a record of any inspection or investigation and a copy of any official communication or record of work to be done. It shall preserve any report, statistics, and information received relating to the development of coal or other mining, or the enforcement of the provisions of this title. The Bureau shall encourage and assist reasonable efforts to improve mining methods and conditions to discover better ways to protect life and health, extend the serviceable use of instrumentalities, and promote the prosperity of the industry by reducing waste of natural resources and fostering economy in mining. It shall compile, statistically analyze, and compare available data regarding coal or other mining processes and operations, and advise any person engaged in that industry. The Director may institute proceedings in the name of the State by an action at law, suit in equity, or prosecution to enforce any provision of this title or any rule or regulation. This power does not exclude any right of an interested person to invoke the usual and ordinary process of a court against a violator of the mining laws. The Bureau may enter and inspect any mine in order to determine its safety condition. If the inspected mine is found unsafe or is operated in an unsafe manner, the Bureau shall order the immediate correction of the unsafe condition. If the unsafe condition is not corrected in the time prescribed, the Bureau shall order the mine closed until the owner or operator makes the necessary correction. The Bureau shall collect information in regard to mineral production and mine output. The Department shall report annually concerning the following information for each major watershed in Allegany and Garrett counties, on a cumulative and annual basis: The total number of acres for which new or amended permits have been issued; The total number of acres which have been stripped; The total number of acres which have been planted; and The total number of acres for which the Bureau has released the revegetation bond. The Department may apply for, accept, administer, and expend funds from any source for the administration and implementation of this title, including the reclamation and revegetation of any land or water area affected by the mining of bituminous coal.

There is a Land Reclamation Committee. It consists of the following 13 members: Two members of the Department, including a chairman of the Committee appointed by the Secretary; A representative of the soil conservation district of Allegany County; A representative of the soil conservation district of Garrett County; Two members appointed by the Governor with the advice and consent of the Senate for 3-year terms to represent the mining industry; One member who is a representative of Allegany County to be appointed by the Governor, on the recommendation of the Allegany County Commissioners, with the advice and consent of the Senate to represent the local government for a 3-year term; One member who is a representative of Garrett County to be appointed by the Governor, on the recommendation of the Garrett County Commissioners, with the advice and consent of the House of Delegates to represent local government for a 3-year term; Two members from the community who do not have any interests in any mining operation, one to be a resident of Garrett County and one to be a resident of Allegany County, appointed by the Secretary for 3-year terms; and Three members of the Department of Natural Resources appointed by the Secretary of Natural Resources. Committee members representing the community or local government shall receive the per diem set by the Secretary for each day they meet with the Committee or are called on by the chairman to transact other business of the Committee. Funds for the per diem allowances shall be provided for in the budget of the Department. The Committee shall meet at the chairman’s request and at least twice a year. A quorum consists of at least 9 members. No action may be approved by the Committee unless a quorum is present and a majority of those present approves the action. Members of the Land Reclamation Committee shall file a United States Department of the Interior State Employee Statement of Employment and Financial Interests. Committee members shall recuse themselves from proceedings that may affect their direct or indirect financial interests. The Committee may: Study and recommend surface coal mine reclamation policies, practices, and standards; From time to time, review the surface coal mining laws, regulations, and policies for the purpose of recommending changes to improve the efficiency and effectiveness of the program; Review proposed changes to the surface coal mining laws and regulations to provide comments to the General Assembly and the Department; Review the Department’s administration of the surface coal mining regulatory program and the abandoned coal mine reclamation program to determine compliance with the purpose of the subtitles; Enter on any surface coal mining operation to determine mining and reclamation conditions; and Recommend research, demonstration, and cost-sharing projects to promote optimum revegetation of surface coal mined lands.

Before any person conducts surface coal mining and reclamation operations, the person shall obtain the Committee’s approval of the reclamation plan for the site. Notwithstanding any provision of the State Government Article, public notice on pending applications provided in accordance with the provisions of this subtitle shall be the only notice required by law. The Committee shall publish a public notice that it has received a proposed reclamation plan from the applicant. The public notice shall be published in a newspaper of general circulation in the county of the proposed mining and reclamation operation. The public notice shall include the name of the applicant, the ownership of the land to be affected, a description of the location of the proposed operation, the location where the application is available for public inspection, and notice that written comments and requests for a public informational hearing will be received by the Committee for at least 30 days after the newspaper publication. If a hearing is requested, the Committee shall hold a public informational hearing on the proposed reclamation plan. The Committee shall notify the applicant and any person who requests a hearing of the date, time, and location of the hearing and shall publish the date, time, and location of the hearing in a newspaper of general circulation in the area of the proposed operation. Any public informational hearing shall be at least 15 but not more than 60 days after the Committee provides public notice of the hearing. Members of the public shall be provided an opportunity to comment on the proposed reclamation plan, in writing, until the date of any hearing. The Committee shall approve or reject the proposed reclamation plan. If a public informational hearing is requested, the Committee shall approve or reject the proposed reclamation plan after the hearing. If the proposed reclamation plan is rejected, the applicant shall be notified in writing of the reason for rejection or the Committee’s suggested modifications. The applicant may resubmit the plan with corrections or the Committee’s suggested modifications. If the changes are made, the Committee may approve the reclamation plan. The Committee shall notify the applicant, the Department, and any participants to a hearing, of its decision. The Committee shall determine that revegetation of reclaimed surface coal mined land meets the revegetation standards of the regulatory program before the Department may release any bond held to assure revegetation of the land. If the Committee has reason to believe that a violation of the subtitle, regulations, or permit conditions exists, the Committee shall notify the Department. The Department shall provide the Committee with a report that indicates the results of an inspection, or the reason why no action was taken.