1. The division shall participate in the abandoned mine reclamation program under Pub.
L. No. 95-87, Tit. IV, codified at 30 U.S.C. ch. 25, subch. IV. There is established an abandoned
mine reclamation fund under the control of the division.
2. a. Lands and water eligible for reclamation or drainage abatement expenditures under
this section include the following:
(1)Lands which were mined for coal or affected by such mining, waste banks, coal
processing, or other coal mining processes, and abandoned or left in an inadequate
reclamation status prior to August 3, 1977, and for which there is no continuing reclamation
responsibility under state or federal laws.
(2)Coal lands and water damaged by coal mining processes and abandoned after August
3, 1977, if they were mined for coal or affecte
Free access — add to your briefcase to read the full text and ask questions with AI
1. The division shall participate in the abandoned mine reclamation program under Pub.
L. No. 95-87, Tit. IV, codified at 30 U.S.C. ch. 25, subch. IV. There is established an abandoned
mine reclamation fund under the control of the division.
2. a. Lands and water eligible for reclamation or drainage abatement expenditures under
this section include the following:
(1) Lands which were mined for coal or affected by such mining, waste banks, coal
processing, or other coal mining processes, and abandoned or left in an inadequate
reclamation status prior to August 3, 1977, and for which there is no continuing reclamation
responsibility under state or federal laws.
(2) Coal lands and water damaged by coal mining processes and abandoned after August
3, 1977, if they were mined for coal or affected by coal mining processes and if either of the
following occurred:
(a) The mining occurred and the site was left in either an unreclaimed or inadequately
reclaimed condition between August 4, 1977, and April 10, 1981, and any moneys for
reclamation or abatement that are available pursuant to a bond or other form of financial
guarantee or from any other source are not sufficient to provide for adequate reclamation
or abatement at the site.
(b) The mining occurred and the site was left in either an unreclaimed or inadequately
reclaimed condition between August 4, 1977, and November 5, 1990, and the surety of
the mining operator became insolvent during that period and, as of November 5, 1990,
moneys immediately available from proceedings relating to the insolvency or from any
financial guarantee or other source are not sufficient to provide for adequate reclamation
or abatement at the site.
b. If requested by the governor, the division may fill voids and seal tunnels, shafts,
and entryways resulting from any previous noncoal mining operation, and may reclaim
surface impacts of any such noncoal underground or surface mines that were mined prior to
August 3, 1977, and which constitute an extreme danger to the public health, safety, general
welfare, or property. Sites and areas designated for remedial action pursuant to the federal
Uranium Mill Tailings Radiation Control Act of 1978, 42 U.S.C. §7901 et seq., or which
have been listed for remedial action pursuant to the federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. §9601 et seq., are not eligible
for expenditures under this section.
3. Expenditure of moneys from the abandoned mine reclamation fund on eligible lands
and water for the purpose of this program shall reflect the following priorities in the order
stated:
a. The protection of public health, safety, and property from extreme danger of adverse
effects of coal mining practices.
b. Theprotectionofpublichealthandsafetyfromadverseeffectsofcoalminingpractices.
c. 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, recreation
resources, and agricultural productivity.
d. The protection, repair, replacement, construction, or enhancement of public facilities
such as utilities, roads, recreation, and conservation facilities adversely affected by coal
mining practices.
e. The development of publicly owned land adversely affected by coal mining practices
including land acquired as provided in this section for recreation and historic purposes,
conservation, and reclamation purposes and open space benefits.
4. a. The division shall submit to the secretary a state reclamation plan and annual
projects to carry out the purposes of this program. The plan shall generally identify the
areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship
of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific
criteria for ranking and identifying projects to be funded, and the legal authority and
programmatic capability to perform such work in conformance with the provisions of Pub. L.
No. 95-87, Tit. IV, codified at 30 U.S.C. ch. 25, subch. IV.
b. The division may annually submit to the secretary an application with such information
as determined by the secretary for the support of the state program and implementation of
specific reclamation projects.
c. The costs for each proposed project under this program shall include actual
construction costs, actual operation and maintenance costs of permanent facilities, planning
and engineering costs, construction and inspection costs, and other necessary administrative
expenses.
d. The division shall prepare and submit annual and other reports as required by the
secretary.
5. The division in participating in the abandoned mine reclamation program under Pub.
L. No. 95-87, Tit. IV, codified at 30 U.S.C. ch. 25, subch. IV, shall have the following additional
powers:
a. To engage in any work and to do all things necessary or expedient, including
promulgation of rules, to implement and administer the provisions of this program.
b. To engage in cooperative projects with any other governmental unit provided that
such cooperative projects shall be under a cooperative agreement conducted according to
the provisions of chapter 28E.
c. To request the attorney general to seek injunctive relief to restrain any interference
with the exercise of the right to enter or to conduct work under this program.
d. To construct and operate a plant or plants for the control and treatment of water
pollution resulting from mine drainage. The extent of this control and treatment may be
dependent upon the ultimate use of the water. The construction of a plant or plants may
include major interceptors and other facilities appurtenant to the plant.