SECTION 460:20-5-5. Definitions

"Act" means the Coal Reclamation Act of 1979, Senate Pill 299, (45 O.S. 1981, Section 742.1 et seq.)

"Coal Mining Operation" means the business of developing, producing, preparing, or loading bituminous coal, subbituminous coal, anthracite, or lignite, or of reclaiming the areas upon which such activities occur.

"Direct financial interest" means ownership or part ownership by an employee of lands, stocks, bonds, debentures, warrants partnership shares, or other holdings and also means any other arrangement where the employee may benefit from his or her holding in or salary from coal mining operations. Direct financial interests includ employment, pensions, creditor, real property, and other financeial relationships.

"Employee" means any person employed by the Department of Mines who performs any function or duty under the Act, and advisory board or commission members and consultants who perform any function or duty under the Act, if they perform decision making functions for the Department of Mines under the authority of State law or regulations. However, members of advisory boards or commissions established in accordance with State law or regulations to represent multiple interests are not considered to be employees.

"Federal act" means the Surface Mining Control and Reclamation Act of 1977, P.L. 95-87, (30 U.S.C. Sec. 1201 et seq.)

"Indirect financial interest" means the same financial relationships as for direct ownership, but where the employee reaps the benefits of such interests, including interests held by his or her spouse, minor child, and other relatives, including in-laws, residing in the employee's home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee's functions or duties and the coal mining operation in which the spouse, minor children, or other resident relatives hold a financial interest.

"Office" means the Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior.

"Performing any function or duty under this Act" means those decisions or actions, which if performed or not performed by an employee, affect the programs under the Act.

"Prohibited financial interest" means any direct or indirect financial interest in any coal mining operation.

"Secretary" means the Secretary of the Interior.