§ 15-58-402 — State priorities

Expenditure of moneys from the fund on lands and water eligible under § 15-58-401 for the purposes of this chapter shall reflect the following priorities in the order stated: (1) "Priority I" includes the protection of public health, safety, and property from extreme danger of adverse effects of coal mining practices, including the restoration of land and water resources and the environment that: (A) Have been degraded by the adverse effects of coal mining practices; and (B) Are adjacent to a site that has been or will be addressed to protect public health, safety, and property from extreme danger of adverse effects of coal mining practices; (2) "Priority II" includes the protection of public health and safety from adverse effects of coal mining practices, including restoration of land and water resources and the environment that: (A) Have been degraded by the adverse effects of coal mining practices; and (B) Are adjacent to a site that has been or will be addressed to protect the public health and safety from the adverse effects of coal mining practices; and (3) (A) "Priority III" includes the restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices, including measures for the conservation and development of soil, water, excluding channelization, woodland, fish and wildlife, recreational resources, and agricultural productivity. (B) Priority III land and water resources that are geographically contiguous with existing or remediated Priority I or Priority II problems shall be considered adjacent under the definitions of Priority I or Priority II above. (C) If the state receives any funding under 30 CFR § 872.14 , 30 CFR § 872.17 , or 30 CFR § 872.21 , then the state may expend these funds to reclaim Priority III lands and waters if either of the following conditions applies: (i) Facilitating the Priority I or Priority II reclamation; or (ii) Providing reasonable savings towards the objective of reclaiming all Priority III land and water problems within the state's jurisdiction.

Legislative History

Acts 1979, No. 134, § 7; A.S.A. 1947, § 52-941; Acts 2011, No. 279, § 6.