53-9-101 - Priorities for expenditure of funds from Mine Lands Reclamation Account; certain sites and areas ineligible for expenditures; projects involving protection, repair, replacement, constructio
§ 53-9-101. Priorities for expenditure of funds from Mine Lands Reclamation Account; certain sites and areas ineligible for expenditures; projects involving protection, repair, replacement, construction, or enhancement of certain utilities.
(1) Expenditures of funds from the Abandoned Mine Lands Reclamation Account on eligible lands and water shall reflect the following priorities:
(a) The protection of public health, safety, and property from extreme danger of adverse effects of coal mining practices;
(b) The protection of public health and safety from adverse effects of coal mining practices; and
(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.
(2) After certification under 30 USC 1240a(a) by the Governor to the United States Secretary of the Interior that all of the priorities stated in subsection (1) of this section for eligible lands and waters have been achieved, and upon concurrence by the secretary with that certification, funds in the Abandoned Mine Lands Reclamation Account may be used for reclamation at abandoned mine lands that were mined or processed for or effected by the mining or processing of noncoal minerals. Expenditure of funds for land, water and facilities referred to in this subsection shall reflect the following priorities in the order stated, in lieu of the priorities stated in subsection (1) of this section:
(a) The protection of public health, safety, general welfare and property from extreme danger of adverse effects of mineral mining and processing practices;
(b) The protection of public health, safety and general welfare from adverse effects of mineral mining and processing practices;
(c) The restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices.
(3) Sites and areas designated for remedial action under the Uranium Mill Tailings Radiation Control Act of 1978, 42 USC 7901 et seq., or which have been listed for remedial action under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 USC 9601 et seq., shall not be eligible for expenditure from the Abandoned Mine Lands Reclamation Account.
(4) Reclamation projects involving the protection, repair, replacement, construction or enhancement of utilities, such as those relating to water supply, roads and such other facilities serving the public adversely affected by mineral mining and processing practices, and the construction of public facilities in communities impacted by coal or other mineral mining and processing practices, shall be deemed part of the objectives set forth and undertaken as they relate to the priorities stated in subsection (2) of this section.
Sources: Laws, 2001, ch. 426, § 4; Laws, 2008, ch. 343, § 2, eff from and after passage (approved Mar. 25, 2008.)