§ 23-2709. Administration of title.\n 1. The department shall have and be entitled to exercise the following\npowers and duties:\n (a) to issue permits in accordance with the criteria set forth in this\narticle and the rules and regulations promulgated thereunder;\n (b) to administer and enforce the provisions of this title and any\nrule or regulation promulgated thereunder or order issued pursuant\nthereto;\n (c) to establish environmental standards and criteria for mining and\nreclamation of the affected land to achieve the purposes of this title;\n (d) to order, pursuant to section 71-0301 of this chapter, an\nimmediate suspension of mining or reclamation operations or operations\nincidental or appurtenant thereto whenever such operations are being\ncarried on in violation of this title or of rules, regulations and\norders adopted pursuant thereto;\n (e) to conduct investigations and obtain data with respect to research\nexperiments and demonstrations, and to collect and disseminate\ninformation regarding mining and reclamation;\n (f) to accept grants or funds for purposes of administration of this\ntitle and research into the fields of mining and land reclamation;\n (g) to cooperate with any other governmental entity to further the\npurposes of this title;\n (h) to contract with the soil and water conservation district in the\ncounty where a mine is located to achieve the purposes of this title;\n (i) to allow, upon agreement by the department and the permittee, the\nreclamation of unreclaimed land affected by mining prior to April first,\nnineteen hundred seventy-five, as a substitute for reclamation of land\naffected by mining after that date, provided that a net environmental\nbenefit results from such substitution; and\n (j) to determine, after notice and an opportunity for a hearing, if a\nmining operation has been abandoned.\n 2. This title shall not apply to the commissioner of general services\nacting with respect to lands under water pursuant to the public lands\nlaw.\n 3. The state geological survey shall be the state agency responsible\nfor the collection of mineral production information for the state in\nassociation with the United States bureau of mines. The state geological\nsurvey shall also continue to be the state agency responsible for the\nconduct of mineral resource investigations and inventories. Such\ninformation shall be made available to the department upon request and\nthe survey shall have access to any records of the department collected\nin conjunction with the administration of this title.\n
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