2006 Louisiana Laws - RS 30:905.2 — Establishment of abandoned mine reclamation fund in the state treasury; appropriations therefrom

§905.2.  Establishment of abandoned mine reclamation fund in the state treasury; appropriations therefrom

A.  A special fund is created in the state treasury to be known as the "Abandoned Mine Reclamation Fund", which is established for the purpose of providing monies to administer a program for reclamation of abandoned mine lands.  Monies appropriated from the fund shall be available without fiscal year limitation.

B.(1)  The following funds shall be deposited immediately upon receipt into the state treasury:

(a)  Monies granted by the secretary of the United States Department of the Interior for purposes of this Chapter;

(b)  Monies appropriated by the legislature for purposes of this Chapter;

(c)  Monies donated from sources, including, but not limited to persons, corporations, or associations for purposes of this Chapter, except as provided in Article VII, Section 9(A)(1) of the Constitution of Louisiana;

(d)  Monies recovered through liens filed against privately-owned land under this Chapter; and

(e) Fines collected from violations of this Chapter, or any rule, regulation, or order issued under this Chapter.

(2)  After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, an amount equal to that deposited as required by this Subsection shall be credited to the Abandoned Mine Reclamation Fund.

C.  Appropriation of monies by the legislature from the fund for expenditure on eligible lands and water shall reflect the following priorities in the order stated:

(1)  The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices.

(2)  The protection of public health, safety, and general welfare from adverse effects of coal mining practices.

(3)  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.

(4)  Research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques.

(5)  The protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices.

(6)  The development of public-owned land adversely affected by coal mining practices, including land acquired as provided in this Section for recreation and historic purposes, conservation and reclamation purposes and open space benefits.

D.  Lands and water eligible for reclamation or drainage abatement expenditures under this Section are those which were mined for coal or which were affected by such mining, wastebanks, coal processing, or other coal mining processes, and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and for which there is no continuing reclamation responsibility under state or federal laws.

Acts 1985, No. 281, §1.