Resolve, Regarding Metallic Mineral Mining Rules of the Department of Environmental Protection

Sec. 1. Resubmission of metallic mineral mining rule. Resolved: That the Department of Environmental Protection shall resubmit for legislative review Rule Chapter 200: Metallic Mineral Exploration, Advanced Exploration and Mining, a major substantive rule of the Department of Environmental Protection provisionally adopted and previously submitted to the 126th Legislature for review; and be it further

Sec. 2. Legislative review; final adoption. Resolved: That legislative review of the rule resubmitted by the Department of Environmental Protection pursuant to section 1 must be conducted in accordance with the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, except that, notwithstanding Title 5, section 8072, subsection 11, final adoption of the rule or any part of the rule by the Department of Environmental Protection is prohibited unless legislation submitted to the 127th Legislature authorizing adoption of the rule or part of the rule becomes law.

summary

This resolve directs the Department of Environmental Protection to resubmit for legislative review Rule Chapter 200: Metallic Mineral Exploration, Advanced Exploration and Mining, a major substantive rule of the Department of Environmental Protection previously provisionally adopted and submitted to the 126th Legislature for review. During the Second Regular Session of the 126th Legislature, the department submitted its provisionally adopted mining rule for legislative review, but the Legislature did not enact into law legislation authorizing final adoption of the rule. This resolve directs that the Legislature review the rule in accordance with the Maine Administrative Procedure Act, but stipulates that the rule may not be finally adopted by the department unless legislation submitted to the 127th Legislature authorizing final adoption becomes law.