444.915. Abandoned mine reclamation fund--deposits and expenditures.
Abandoned mine reclamation fund--deposits and expenditures.
444.915. 1. All moneys in the abandoned mine reclamationfund may be used for the following purposes:
(1) Reclamation and restoration of land and water resourcesadversely affected by past coal mining, including, but notlimited to, reclamation and restoration of abandoned surface mineareas, abandoned coal processing areas, and abandoned coal refusedisposal areas; sealing and filling abandoned deep mine entriesand voids; planting of land adversely affected by past coalmining to prevent erosion and sedimentation; prevention,abatement, treatment, and control of water pollution created bycoal mine drainage including restoration of stream beds, andconstruction and operation of water treatment plants; prevention,abatement, and control of burning coal refuse disposal areas andburning coal in situ; and prevention, abatement, and control ofcoal mine subsidence;
(2) Acquisition and filling of voids and sealing oftunnels, shafts, and entryways under section 444.935;
(3) Acquisition of land as provided for in this law;
(4) Studies by contract with public and privateorganizations to provide information, advice, and technicalassistance, including research and demonstration projects,conducted for these purposes;
(5) Restoration, reclamation, abatement, control, orprevention of adverse effects of coal mining which constitutes anemergency;
(6) Administrative expenses to accomplish these purposes;
(7) All other necessary expenses to accomplish thesepurposes.
2. Expenditure of moneys from the abandoned minereclamation fund shall reflect the following priorities in theorder stated:
(1) The protection of public health, safety, generalwelfare, and property from extreme danger of adverse effects ofcoal mining practices;
(2) The protection of public health, safety, and generalwelfare from adverse effects of coal mining practices;
(3) The restoration of land and water resources and theenvironment previously degraded by adverse effects of coal miningpractices including measures for the conservation and developmentof soil, water (excluding channelization), woodland, fish andwildlife, recreation resources, and agricultural productivity;
(4) The protection, repair, replacement, construction, orenhancement of public facilities such as utilities, roads,recreation, and conservation facilities adversely affected bycoal mining practices;
(5) The development of publicly owned land adverselyaffected by coal mining practices including land acquired asprovided in this title for recreation and historic purposes,conservation, and reclamation purposes and open space benefits.
3. If there is no continuing reclamation responsibilityunder state or federal laws for lands or water, lands and watereligible for reclamation or drainage abatement expenditures fromthe abandoned mine reclamation fund are those:
(1) Which were mined for coal or which were affected bysuch mining, wastebanks, coal processing, or other coal miningprocesses, and abandoned or left in an inadequate reclamationstatus prior to September 28, 1979;
(2) For which a finding that the surface coal miningoperation occurred during the period beginning on August 4, 1977,and ending on or before November 21, 1980, and that funds forreclamation or abatement which are available pursuant to a bondor other form of financial guarantee or from any other source arenot sufficient to provide for adequate reclamation or abatementat the site;
(3) For which a finding that the surface coal miningoperation occurred during the period beginning on August 4, 1977,and ending on or before October 1, 1991, and that the surety ofsuch mining operator became insolvent during such period, and asof October 1, 1991, funds immediately available from proceedingsrelating to such insolvency, or from any financial guarantee orother source are not sufficient to provide for adequatereclamation or abatement at the site.
(L. 1979 H.B. 459, A.L. 1993 H.B. 312 & 257)