Effective 28 Aug 1979

444.920. Abandoned mine reclamation fund, commission's duties and powers. — In order to receive applicable federal funds for the abandoned mine reclamation fund, and to meet necessary federal requirements:

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

(2) Each state reclamation plan shall generally identify the areas to be reclaimed, the purpose 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.

(3) On an annual basis the commission may submit to the appropriate federal officer or agency an application for support of the state program and implementation of specific reclamation projects, and shall submit all information required, including a description and priority evaluation of each project, the estimated benefits and costs, for research and demonstration projects a description of techniques, the cost and identification of lands to be acquired, and an inventory of the previous years grant.

(4) The costs for each proposed project under this section shall include: actual construction costs, actual operation and maintenance costs of permanent facilities, planning and engineering costs, construction inspection costs, and other necessary administrative expenses.

(5) The commission shall submit such annual and other reports as necessary and required by the appropriate federal officer or agency.

(6) The commission may, in order for the state to receive applicable federal funds, certify to the appropriate federal officer or agency that objectives of the fund set forth in sections 444.915 and 444.935 have been achieved, there is a need for construction of specific public facilities in communities impacted by coal development, and impact funds which may be available under provisions of the Federal Mineral Leasing Act of 1920, as amended, or the Act of October 20, 1976, Public Law 94-565 (90 Stat. 2662), are inadequate for such construction.

­­--------

(L. 1979 H.B. 459)