SEC. 53-9-89. Surface Coal Mining and Reclamation fund; deposit of funds.
(1) (a) There is created in the State Treasury a fund to be designated as the "Surface Coal Mining and Reclamation Fund." The fund shall contain three (3) accounts, designated as the "Surface Coal Mining Program Operations Account," the "Surface Coal Mining Reclamation Account" and the "Abandoned Mine Lands Reclamation Account."
(b) Monies in the Surface Coal Mining Program Operations Account shall be used to pay the reasonable direct and indirect costs of administering and enforcing this chapter. Monies in the Surface Coal Mining Reclamation Account shall be used to pay for the reclamation of lands for which bonds or other collateral were forfeited.
(c) The Abandoned Mine Lands Reclamation Account shall receive all state and federal appropriations, grants and donations for the purposes of the reclamation of abandoned mine lands under this chapter, and such funds shall be made available to the commission to be used as provided in this section for the purposes of abandoned mine reclamation under this chapter and the regulations of the commission. Funds in the Abandoned Mine Land Account may be used for the following purposes:
(i) Reclamation and restoration of land and water resources adversely affected by past coal mining, or by past noncoal mining if approved by the secretary, including, but not limited to, reclamation and restoration of abandoned surface mine areas, abandoned mine processing areas, and abandoned mine refuse disposal areas; sealing and filling abandoned deep mine entries and voids; planting of land adversely affected by past mining to prevent erosion and sedimentation; prevention, abatement, treatment and control of water pollution created by mine drainage, including restoration of stream beds, and construction and operation of water treatment plants; prevention, abatement and control of burning coal in situs; prevention, abatement and control of mine subsidence; prevention, abatement and control of storm water runoff from and erosion at mine sites; and the sloping and revegetation of mine pits and highwalls.
(ii) Acquisition of land as provided for in this chapter.
(iii) Grants to accomplish the purposes of this chapter.
(iv) Administrative expenses of the department to accomplish the purposes of this chapter.
(v) All other necessary expenses to accomplish the purpose of reclaiming abandoned mine lands or of protecting public health, safety and general welfare from adverse effects of mining practices at abandoned mine lands.
(d) Expenditures may be made from the fund upon requisition by the executive director.
(e) The fund shall be treated as a special trust fund. Interest earned on the principal shall be credited by the Treasurer to the appropriate account in the fund.
(f) The Surface Coal Mining Program Operations Account may receive monies from any available public or private source, including, but not limited to, fees, interest, grants, taxes, public and private donations, petroleum violation escrow funds or refunds, and appropriated funds, but excluding fines, penalties and the proceeds from the forfeiture of bonds or other collateral. The Surface Coal Mining Reclamation Account may receive monies from fines, penalties, the proceeds from the forfeiture of bonds or other collateral and interest.
(2) All funds received through the payment of fees, loans, grants, penalties, bond forfeitures and forfeitures of other collateral, less attorneys' fees, shall be deposited in the appropriate account in the Surface Coal Mining and Reclamation Fund.
SOURCE: Laws, 1979, ch. 477, § 41; Laws, 1997, ch. 306, § 42; Laws, 2001, ch. 426, § 3, SB 2969, eff from and after July 1, 2001.
PREVIOUS VERSIONS: Pre-2001