444.920. Abandoned mine reclamation fund, commission's duties and powers.

Abandoned mine reclamation fund, commission's duties and powers.

444.920. In order to receive applicable federal funds forthe abandoned mine reclamation fund, and to meet necessaryfederal requirements:

(1) The commission may submit to the appropriate federalofficer or agency a state reclamation plan and annual projects tocarry out abandoned mine reclamation.

(2) Each state reclamation plan shall generally identify theareas to be reclaimed, the purpose for which the reclamation isproposed, the relationship of the lands to be reclaimed and theproposed reclamation to surrounding areas, the specific criteriafor ranking and identifying projects to be funded, and the legalauthority and programmatic capability to perform such work.

(3) On an annual basis the commission may submit to theappropriate federal officer or agency an application for supportof the state program and implementation of specific reclamationprojects, and shall submit all information required, including adescription and priority evaluation of each project, theestimated benefits and costs, for research and demonstrationprojects a description of techniques, the cost and identificationof lands to be acquired, and an inventory of the previous yearsgrant.

(4) The costs for each proposed project under this sectionshall include: actual construction costs, actual operation andmaintenance costs of permanent facilities, planning andengineering costs, construction inspection costs, and othernecessary administrative expenses.

(5) The commission shall submit such annual and otherreports as necessary and required by the appropriate federalofficer or agency.

(6) The commission may, in order for the state to receiveapplicable federal funds, certify to the appropriate federalofficer or agency that objectives of the fund set forth insections 444.915 and 444.935 have been achieved, there is a needfor construction of specific public facilities in communitiesimpacted by coal development, and impact funds which may beavailable under provisions of the Federal Mineral Leasing Act of1920, as amended, or the Act of October 20, 1976, Public Law94-565 (90 Stat. 2662), are inadequate for such construction.

(L. 1979 H.B. 459)