§ 35-11-1202 — State reclamation plan

(a) The state reclamation plan may provide for any or all
of the following activities:
(i) The acquisition, reclamation or restoration of
land and water resources which were mined for coal or minerals
or affected by coal or other mineral mining processes and left
or abandoned in an unreclaimed or inadequately reclaimed
condition prior to August 3, 1977, and for which there is no
continuing reclamation responsibility under state or federal
statutes. The effective date for the purpose of determining
eligibility on federal lands managed by the forest service shall
be August 28, 1974, and the effective date for determining
eligibility on federal lands managed by the bureau of land
management shall be November 26, 1980. Any of the activities
under this paragraph shall reflect the following priorities in
the order stated:
(A) The protection of public health, safety,
general welfare and property from extreme danger of adverse
effects of mining and processing practices;
(B) The protection of public health, safety and
general welfare from adverse effects of mining and processing
practices;
(C) The restoration of land and water resources
and the environment previously degraded by the adverse effects
of coal and mineral mining and processing practices.
(D) Repealed by Laws 1991, ch. 72, § 2.
(E) Repealed by Laws 1991, ch. 72, § 2.
(F) Repealed by Laws 1991, ch. 72, § 2.
(ii) Repealed by Laws 1991, ch. 72, § 2.
(iii) The acquisition, reclamation and transfer of
land to the state or to a political subdivision thereof, or to
any person after a determination by the governor that such is an
integral and necessary element of an economically feasible plan
for a project to construct or rehabilitate housing for persons
disabled as the result of employment in the mines or work
incidental thereto, persons displaced by acquisition of land
pursuant to this article, persons dislocated as a result of
adverse effects of coal mining practices which constitute an
emergency, or persons dislocated as the result of natural
disasters or catastrophic failures from any cause. However, no
part of the abandoned mine reclamation funds may be used to pay
the actual construction costs of housing;
(iv) Repealed by Laws 1991, ch. 72, § 2.
(v) Reclamation projects involving the protection,
repair, replacement, construction or enhancement of utilities,
such as those relating to water supply, roads and other
facilities serving the public adversely affected by coal and
mineral mining and processing practices. The construction and
maintenance of public facilities in communities impacted by coal
or mineral mining and processing practices is deemed to be
included within the objectives established for the abandoned
mine reclamation program, and shall be undertaken in accordance
with the priorities stated in paragraph (i) of this subsection.
(b) The state reclamation plan shall be developed by the
governor, after recommendation from the director. The director
after consulting the administrator of the abandoned land mine
division shall make this recommendation only after he has
prepared a proposed plan and afforded, at a minimum, an
opportunity for the public to inspect and comment on this
proposed plan in each county having land and water resources
which qualify for acquisition, reclamation or restoration under
subsection (a) of this section. All comments shall be recorded
and considered in the development of the plan.
(c) Notwithstanding subsection (a) of this section, the
governor may request abandoned mine land funds be appropriated
for the construction of specific public facilities related to
the coal or mineral industries or for other activities related
to the impacts of these industries.