207.21 - ABANDONED MINE RECLAMATION PROGRAM.
207.21 ABANDONED MINE RECLAMATION PROGRAM.
1. The division shall participate in the abandoned mine
reclamation program under Title IV, Pub. L. No. 95-87. 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, general welfare,
and property from extreme danger of adverse effects of coal mining
practices.
b. The protection of public health, safety, and general
welfare from adverse effects of coal mining practices.
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. 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 Title IV of
Pub. L. No. 95-87.
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.
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.
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 Title IV of Pub. L. No. 95-87 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. Section History: Early Form
[C81, § 83.21] Section History: Recent Form
C93, § 207.21
97 Acts, ch 115, § 1, 2
Referred to in § 207.10