(a)

(1) Coal exploration operations that substantially disturb the natural land surface shall be conducted in accordance with exploration rules promulgated by the board under § 59-8-103(b)(1).

(2) The rules for coal exploration operations shall include:

(A) A requirement that prior to conducting any coal exploration, a person shall file a notice of intention to explore with the commissioner, which shall include a description of the exploration area and the period of supposed exploration; and

(B) A requirement for reclamation, in accordance with the performance standards in § 59-8-110, of all lands disturbed in exploration, including excavations, roads, and drill holes, and the removal of necessary facilities and equipment.

(3) Coal exploration operations shall not begin until:

(A) Twenty-one (21) days after the person files a notice of intention to explore with the commissioner; and

(B) The person filing the notice of intention to explore files with the commissioner a performance bond in the amount of five hundred dollars ($500) per acre disturbed by the coal exploration operations, payable to this state and conditioned upon the faithful performance of reclamation in accordance with the notice of intention and the performance standards in § 59-8-110. The performance bond shall be released immediately upon inspection and completion of initial reclamation in accordance with the notice of intention and the performance standards in § 59-8-110, without regard to the time or other requirements in § 59-8-115. If the notice of intention to explore is deficient, the department shall inform the person who filed the notice of the deficiency within twenty-one (21) days of the date that the notice was filed with the department.

(b) Any person who conducts any coal exploration activities that substantially disturb the natural land surface in violation of this part is subject to the penalties in § 59-8-117.

(c) No person shall remove more than twenty-five (25) tons of coal under the authority of exploration activities without obtaining a coal exploration permit from the commissioner pursuant to rules promulgated by the board under § 59-8-103(b)(1).

(d) Information submitted to the department and the commissioner pursuant to this section as confidential trade secrets or privileged commercial or financial information, which relates to the competitive rights of the person or entity intended to explore the described area, shall not be available for public examination under title 10, chapter 7.

(e)

(1) The commissioner shall notify a person who files a notice of intention to explore with the department that the proposed exploration shall not occur if the commissioner makes a written finding of fact and delivers the finding to the person who filed the notice of intention to explore during the twenty-one-day period after the notice of intention to explore is filed with the department that the proposed exploration will either:

(A) Be conducted on an environmentally fragile area and cause significant environmental harm; or

(B) Cause irreparable environmental harm.

(2)

(A) If the commissioner does not permit exploration under subdivision (e)(1), the person filing the notice of intention to explore shall have the right to appeal the commissioner's decision to the board and the board shall hold a hearing within thirty (30) days of receipt of the appeal.

(B) The commissioner shall bear the burden of proof at an appeal hearing.

(C) The board shall render its decision concerning an appeal within ten (10) days of the hearing.