2023 Tennessee Code
Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144)
Chapter 8 - STRIP AND OPEN PIT MINES (§§ 59-8-101 — 59-8-421)
Part 1 - PRIMACY AND RECLAMATION ACT OF TENNESSEE (§§ 59-8-101 — 59-8-133)
Section 59-8-132 - Coal mining protection fund

• (a) There is created a segregated account within the state treasury to be known as the "coal mining protection fund."

• (b) The fund shall be administered by the commissioner. Unless otherwise provided by this part, all fees, penalties, bond forfeitures and damages collected by the commissioner pursuant to this part and monies received as provided in § 67-7-110, shall be deposited by the state treasurer into the coal mining protection fund, created in subsection (a), and shall be used by the commissioner to defray expenses necessary to administer this part including administration and enforcement of the requirements of this part; provided, however, that:
  • (1) Penalties shall be segregated in a separate account in the fund to be expended by the commissioner primarily for activities supporting the reclamation of land and water adversely affected by surface coal mining and exploration activities after August 3, 1977, and for conducting and obtaining investigations, research, experiments, training programs, and demonstrations; and collecting and disseminating information relating to exploration, surface mining, reclamation of disturbed lands, and control of pollution of water and soil affected by exploration and surface mining for coal; and
  • (2) Bond forfeitures shall be segregated in a separate account in the fund and shall be available to the commissioner for expenditure for the reclamation of land and water adversely affected by surface coal mining and exploration activities after August 3, 1977; provided, that the proceeds from the forfeiture of any bond shall first be used to the extent required in completing reclamation of the area with respect to which the bond was posted.

• (c) Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603. Unexpended and unobligated funds remaining in the fund at the end of any fiscal year shall not revert to the general fund but shall remain available for the purposes set forth in this part. Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund.

Added by 2021 Tenn. Acts, ch. 548, s 3, eff. 5/26/2021.