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350.560
Lands and water eligible for reclamation or drainage abatement
expenditures.
(1)
(2)
(3)
(4)
Lands and water eligible for reclamation or drainage abatement expenditures under
the Abandoned Mine Lands Program are those which were mined for coal or which
were affected by coal mining, wastebanks, coal processing, or other coal mining
processes, and were abandoned or left in an inadequate reclamation status prior to
August 3, 1977, and for which there is no continuing reclamation responsibility
under the provisions of this chapter. Surface coal mining operations on lands
eligible for remining shall not affect the eligibility of those lands for reclamation
and restoration under this chapter after the release of the bond or deposit for a
remining operation as provided under KRS 350.093. In the event the bond or
deposit for a surface coal mining operation on lands eligible for remining is
forfeited, funds available under this chapter may be used if the amount of the bond
or deposit is not sufficient to provide for adequate reclamation or abatement, except
that if conditions warrant the cabinet shall immediately exercise its authority under
KRS 350.585.
If the cabinet determines that the reclamation priority, under the priorities of KRS
350.555(1) and (2), of a site is the same or more urgent than the priority of sites
under subsection (1) of this section, the following sites shall also be eligible for
reclamation or drainage abatement expenditures:
(a) Unreclaimed sites which were mined for coal or which were affected by coal
mining, waste banks, coal processing, or other mining processes and left in an
inadequate reclamation status during the period beginning August 4, 1977,
and ending May 18, 1982, for which the bond, or other form of financial
guarantee, was insufficient to provide adequate reclamation or abatement of
the site; or
(b) Unreclaimed sites which were mined for coal or which were affected by coal
mining, waste banks, coal processing, or other coal mining processes and left
in an inadequate reclamation status during the period beginning on August 4,
1977, and ending on or before November 5, 1990, where the surety for the
permittee became insolvent during the period, and as of November 5, 1990,
funds immediately available from proceedings relating to the insolvency, or
from other sources have been insufficient to provide for adequate reclamation
and abatement at the site.
Sites under subsection (2) of this section in the immediate vicinity of a residential
area or which have an adverse economic impact upon a local community shall be
given priority.
Funds allocated to the Commonwealth through annual grants from the Secretary of
the Interior may be expended for the purposes of protecting, repairing, replacing,
constructing, or enhancing facilities relating to water supply, including water
distribution facilities and treatment plants, to replace water supplies adversely
affected by coal mining practices. If the adverse effect on water supplies referred to
in this subsection occurred both prior to and after August 3, 1977, subsections (1)
and (2) of this section shall not be construed to prohibit use of funds for the
(5)
purposes of this subsection, if the adverse effects occurred predominantly prior to
August 3, 1977.
Where the Governor has made a certification under KRS 350.553 and the Secretary
of the Interior has concurred in the certification, the reclamation categories of KRS
350.553(2) shall take effect, supplanting the categories of subsections (1), (2), and
(4) of this section.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 32, sec. 4, effective June 26, 2007. -- Amended
1994 Ky. Acts ch. 172, sec. 4, effective July 15, 1994. – Amended 1992 Ky. Acts
ch. 207, sec. 2, effective July 14, 1992. -- Created 1980 Ky. Acts ch. 62, sec. 20.
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