Text: HF00614 Text: HF00616 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 615 1 2 1 3 AN ACT 1 4 RELATING TO ABANDONED COAL MINES EXPENDITURES, INCLUDING 1 5 RECLAMATION OF LAND AND DRAINAGE ABATEMENT. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 207.21, subsection 2, Code 1997, is 1 10 amended to read as follows: 1 11 2. a. Lands and water eligible for reclamation or 1 12 drainage abatement expenditures under this sectionare those1 13 include the following: 1 14 (1) Lands which were mined for coal or affected by such 1 15 mining, waste banks, coal processing, or other coal mining 1 16 processes, and abandoned or left in an inadequate reclamation 1 17 status prior to August 3, 1977, and for which there is no 1 18 continuing reclamation responsibility under state or federal 1 19 laws. 1 20 (2) Coal lands and water damaged by coal mining processes 1 21 and abandoned after August 3, 1977, if they were mined for 1 22 coal or affected by coal mining processes and if either of the 1 23 following occurred: 1 24 (a) The mining occurred and the site was left in either an 1 25 unreclaimed or inadequately reclaimed condition between August 1 26 4, 1977, and April 10, 1981, and any moneys for reclamation or 1 27 abatement that are available pursuant to a bond or other form 1 28 of financial guarantee or from any other source are not 1 29 sufficient to provide for adequate reclamation or abatement at 1 30 the site. 1 31 (b) The mining occurred and the site was left in either an 1 32 unreclaimed or inadequately reclaimed condition between August 1 33 4, 1977, and November 5, 1990, and the surety of the mining 1 34 operator became insolvent during that period and, as of 1 35 November 5, 1990, moneys immediately available from 2 1 proceedings relating to the insolvency or from any financial 2 2 guarantee or other source are not sufficient to provide for 2 3 adequate reclamation or abatement at the site. 2 4 b. If requested by the governor, the division may fill 2 5 voids and seal tunnels, shafts, and entryways resulting from 2 6 any previous noncoal mining operation, and may reclaim surface 2 7 impacts of any such noncoal underground or surface mines that 2 8 were mined prior to August 3, 1977, and which constitute an 2 9 extreme danger to the public health, safety, general welfare, 2 10 or property. Sites and areas designated for remedial action 2 11 pursuant to the federal Uranium Mill Tailings Radiation 2 12 Control Act of 1978, 42 U.S.C. } 7901 et seq., or which have 2 13 been listed for remedial action pursuant to the federal 2 14 Comprehensive Environmental Response Compensation and 2 15 Liability Act of 1980, 42 U.S.C. } 9601 et seq., are not 2 16 eligible for expenditures under this section. 2 17 Sec. 2. Section 207.21, subsection 3, paragraph d, Code 2 18 1997, is amended by striking the paragraph. 2 19 Sec. 3. Section 207.23, subsection 1, Code 1997, is 2 20 amended to read as follows: 2 21 1.Before initiating a reclamation project, the division2 22shall obtain a notarized appraisal by an independent appraiser2 23of the value of the land before the project.Within six 2 24 months after the completion of a project to restore, reclaim, 2 25 abate, control, or prevent adverse effects of past coal mining 2 26 practices on privately owned land, the division shall itemize 2 27 the money expended on the project, obtain another appraisal2 28 andshallmay file a lien statement in the manner provided in 2 29 section 572.8, together with the notarized appraisals,in the 2 30 office of the district court clerk of each county in which a 2 31 portion of the property affected by the project is located, 2 32 together with a notarized appraisal by an independent 2 33 appraiser of the value of the land before the restoration, 2 34 reclamation, abatement, control, or prevention of adverse 2 35 effects of past mining practices if the money so expended 3 1 results in a significant increase in property value. A copy 3 2 of the lien statement and the appraisal, if required, shall be 3 3 served upon affected property owners in the manner provided 3 4 for service of an original notice. The lien shall not exceed 3 5 the amount determined by the appraiser to be the increase in 3 6 the market value of the land as a result of the restoration, 3 7 reclamation, abatement, control, or prevention of adverse 3 8 effects of past coal mining practices. A lien shall not be 3 9 filed in accordance with this subsection against the property 3 10 of a person, who owned the surface prior to May 2, 1977, and 3 11 who neither consented to, participated in nor exercised 3 12 control over the mining operation which necessitated the 3 13 reclamation performed. 3 14 Sec. 4. Section 207.23, subsections 4 and 5, Code 1997, 3 15 are amended by striking the subsections. 3 16 Sec. 5. NEW SECTION. 207.29 POWERS AND AUTHORITY. 3 17 The division may engage in any work and do all things 3 18 necessary or expedient, including adoption of rules, to 3 19 implement and administer the provisions of an abandoned mine 3 20 reclamation program. 3 21 3 22 3 23 3 24 RON J. CORBETT 3 25 Speaker of the House 3 26 3 27 3 28 3 29 MARY E. KRAMER 3 30 President of the Senate 3 31 3 32 I hereby certify that this bill originated in the House and 3 33 is known as House File 615, Seventy-seventh General Assembly. 3 34 3 35 4 1 4 2 ELIZABETH ISAACSON 4 3 Chief Clerk of the House 4 4 Approved , 1997 4 5 4 6 4 7 4 8 TERRY E. BRANSTAD 4 9 Governor
Text: HF00614 Text: HF00616 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Sat Jun 21 03:41:39 CDT 1997
URL: /DOCS/GA/77GA/Legislation/HF/00600/HF00615/970417.html
jhf