§ 35-11-1203 — Abandoned mine reclamation account; subsidence mitigation account

Wyoming § 35-11-1203

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 12: ABANDONED MINE RECLAMATION PROGRAM

Text

(a) Upon approval of the state reclamation plan, the state
treasurer shall create an abandoned mine reclamation account for
the purpose of accounting for monies received by the state from
the secretary of the interior and any other monies authorized to
be deposited in the account. The account shall be administered
in compliance with the approved plan.
(b) Revenue to the account shall include amounts granted
by the secretary of the interior under Title IV of P.L. 95-87,
monies received by the state for the use or sale of lands
acquired with monies from the account and such other monies
which may be deposited in the account for use in carrying out
the state reclamation program.
(c) There is created a coal mine subsidence mitigation
account. Revenue to the account shall be ten percent (10%) of
the amount granted by the secretary of the interior under title
IV of P.L. 95-87 as provided by P.L. 100-34. Revenue shall be
deposited in an interest bearing account and all interest shall
be credited to the program. No monies from the account shall be
expended prior to September 30, 1995. After September 30, 1995
the money may be expended as provided in this subsection. The
legislature shall authorize expenditure by appropriation from
the account as necessary to defray the administrative expenses
of the program. The remaining funds in the account shall only
be used to address the reclamation activities described in W.S.
35-11-1202(a)(i)(A) and (B) where mine reclamation is necessary
for the protection of the public health or safety, with a
priority given to pay for contractual services to mitigate and
control mine subsidence that threatens structures. If
authorized by the United States congress, funds from the account
may be used for the repair or enhancement of structures defined
in W.S. 35-11-1301(a)(iii), provided that no funds from the
account may be used for any structure where construction is
commenced after the effective date of this act unless an
engineering assessment documenting the minimal risk of loss from
mine subsidence precedes commencement of construction. The
liability of the state to fulfill the requirements of this
subsection is limited to the amount of funds available in the
account established in this subsection. The state has no
obligations under this subsection except to the extent of
federal funds deposited in the coal mine mitigation account and
the interest thereon to operate the program.