§ 14-34-19-15 — Mine land reclamation projects; requirements

(a) This section applies to the following:
(1) When the department is considering a mine land reclamation
project under IC 14-34-1-2 or 312 IAC 25-2-3 that is:
(A) at least fifty percent (50%) funded by funds appropriated
from a governmental entity that finances the construction
through either the entity's budget or general revenue bonds; or
(B) less than fifty percent (50%) funded by funds appropriated
from a governmental entity that finances the construction
through either the entity's budget or general revenue bonds if
the construction is an approved reclamation project under Title
IV of the federal Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1201 through 30 U.S.C. 1328) and this
chapter.
Government financing guarantees, insurance, loans, funds
obtained through industrial revenue bonds or their equivalent, or
in-kind payments are not considered funds appropriated by a
governmental entity under this subdivision.
(2) When the level of funding for the construction will be less
than fifty percent (50%) of the total cost because of planned coal
extraction.
(b) The department must make the following determinations:
(1) The likelihood that coal will be mined under a surface coal
mining and reclamation operations permit issued under this
article. The determination must consider available information,
including the following:
(A) Coal reserves from existing mine maps or other sources.
(B) Existing environmental conditions.
(C) All prior mining activity on or adjacent to the site.
(D) Current and historical coal production in the area.
(E) Any known or anticipated interest in mining the site.
(2) The likelihood that nearby mining activities might create new
environmental problems or adversely affect existing
environmental problems at the site.
(3) The likelihood that reclamation activities at the site might
adversely affect nearby mining activities.
(c) If a decision is made to proceed with the reclamation project, the
department must make the following determinations:
(1) The limits on any coal refuse, coal waste, or other coal
deposits that can be extracted under the exemption under IC 14-34-1-2 and 312 IAC 25-2-3.
(2) The delineation of the boundaries of the abandoned mine
lands reclamation project.
(d) The following documentation must be included in the abandoned
mine lands reclamation case file:
(1) Determinations made under subsections (b) and (c).
(2) The information taken into account in making the
determinations.
(3) The names of the persons making the determinations.
(e) The department must do the following for each project:
(1) Characterize the site regarding mine drainage, active slide and
slide prone areas, erosion and sedimentation, vegetation, toxic
materials, and hydrological balance.
(2) Ensure that the reclamation project is conducted according to
provisions of 30 CFR Subchapter R, this chapter, and applicable
procurement provisions to ensure the timely progress and
completion of the project.
(3) Develop specific site reclamation requirements, including,
when appropriate, performance bonds that comply with
procurement procedures.
(4) Require the contractor conducting the reclamation to provide,
before reclamation begins, applicable documents that authorize
the extraction of coal and any payment of royalties.
(f) The contractor must obtain a surface coal mining and
reclamation operations permit under this article for any coal extracted
beyond the limits of the incidental coal specified in subsection (c)(1).

Legislative History

As added by P.L.71-2004, SEC.31.