H.F. 2765 Section 1. Section 208.2, subsection 2, Code 2026, is 1 amended to read as follows: 2 2. “Affected land” means the area of land from which 3 overburden has been removed or upon which overburden has been 4 deposited or land which that has otherwise been disturbed, 5 changed, influenced, or altered in any way in the course 6 of mining, including a known or reported subsidence, and 7 processing and stockpile areas , but not including roads. 8 Sec. 2. Section 208.2, Code 2026, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 14A. a. “Subsidence” means the collapse, 11 settling, or sinking of land that occurs at or above an 12 underground mine located on public land or land located within 13 a public right-of-way and is caused by mining activity. 14 b. “Subsidence” does not include any collapse, settling, 15 or sinking of land that is naturally occurring or that results 16 from geological, hydrological, seismic, environmental, or other 17 causes not related to a mining activity. 18 Sec. 3. NEW SECTION . 208.9A Subsidence. 19 1. The operator of a mine site registered pursuant to 20 section 208.9 shall notify the division within forty-eight 21 hours of the discovery of the subsidence. 22 2. a. The operator shall submit an initial assessment of 23 the subsidence described in subsection 1 to the division within 24 fourteen days of the discovery. 25 b. The operator shall submit a subsidence repair plan to 26 the division within a reasonable time period after the initial 27 assessment has been received by the division. In consultation 28 with the division the plan shall include, to the extent 29 necessary, all of the following: 30 (1) A detailed description of the proposed methods and steps 31 to address and repair the damage caused by the subsidence. 32 (2) A scaled and georeferenced map indicating the location 33 of the subsidence. 34 (3) A proposed timeline outlining the expected key phases 35 -1- LSB 6900HZ (2) 91 da/js 1/ 3

H.F. 2765 of the repair. 1 (4) A written approval by a licensed professional engineer 2 of the plan and observations, and the completion of the repair. 3 Sec. 4. NEW SECTION . 208.24A Use of multiple or single 4 bonds. 5 Regardless of whether an operator posts a number of multiple 6 bonds each for a single mine site or a single bond for multiple 7 mine sites, the total amount of the multiple bonds combined or 8 the single bond shall be applied only to cover the costs of 9 completing the reclamation of land identified on the applicable 10 bond forms or form for mine sites required to be registered 11 pursuant to section 208.9. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 GENERAL —— REGULATIONS. This bill amends provisions in 16 Code chapter 208 regulating the mining of minerals, including 17 surface mining and underground mining, other than for coal, 18 and provides requirements for the reclamation of lands at the 19 mine site. The provisions are administered and enforced by the 20 division of soil conservation and water quality (division), 21 an administrative unit of the department of agriculture and 22 land stewardship (Code chapter 159 and Code section 161A.4). 23 Code chapter 208 regulates a person engaged in and controlling 24 the mining operation (operator). This includes a requirement 25 that the operator be issued a license (Code sections 208.7 and 26 208.8) and register the mine site being operated (Code sections 27 208.9 and 208.15). The registration must be accompanied by a 28 bond or other security (Code sections 208.23, 208.24, 208.25, 29 and 208.28). The bonding provisions include requirements 30 for the posting of one bond covering multiple mine sites, 31 and the cancellation or forfeiture of the bond. After the 32 completion of mining operations, the operator must engage in 33 the reclamation of the land disturbed by the mining operations, 34 which may include grading, stabilizing, and revegetating the 35 -2- LSB 6900HZ (2) 91 da/js 2/ 3

H.F. 2765 disturbed lands (Code section 208.17). 1 GENERAL —— ENFORCEMENT AND PENALTIES. The division may 2 enter onto a mine site to conduct an inspection at any time 3 (Code section 208.26). The division may issue an order 4 directing an operator to desist in an activity that constitutes 5 a violation of Code chapter 208. An operator who violates 6 such an order is subject to an administratively assessed civil 7 penalty of up to $5,000 per violation (Code section 208.10A). 8 Alternatively, the division may notify the attorney general 9 to institute a civil action in district court for injunctive 10 relief and for the assessment of a civil penalty not to exceed 11 $10,000 per violation (Code section 208.10A). 12 BILL’S PROVISIONS —— SUBSIDENCE. The bill provides for a 13 condition that may result from a mining activity referred to 14 as “subsidence”, which is defined as the collapse, settling, 15 or sinking of land that occurs at or above an underground 16 mine located on public land or land located within a public 17 right-of-way and is caused by a mining activity (amended Code 18 section 208.2). The bill requires the operator to notify the 19 division within 48 hours of the discovery of a subsidence. The 20 operator must submit an initial assessment of the subsidence 21 and a subsidence repair plan to the division, including a 22 detailed description of the proposed methods and steps to 23 address and repair the damage caused by the subsidence as 24 approved by a licensed professional engineer. 25 BILL’S PROVISIONS —— BONDING. The bill provides that 26 regardless of whether an operator posts a number of multiple 27 bonds each for a single mine site or a single bond for multiple 28 mine sites, the total amount of the multiple bonds combined or 29 the single bond shall be applied only to cover the costs of 30 completing the reclamation of land identified on the applicable 31 bond forms or form. 32 -3- LSB 6900HZ (2) 91 da/js 3/ 3