Text: HSB00171 Text: HSB00173 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 207.21, subsection 2, Code 1997, is 1 2 amended to read as follows: 1 3 2. a. Lands and water eligible for reclamation or 1 4 drainage abatement expenditures under this sectionare those1 5 include the following: 1 6 (1) Lands which were mined for coal or affected by such 1 7 mining, waste banks, coal processing, or other coal mining 1 8 processes, and abandoned or left in an inadequate reclamation 1 9 status prior to August 3, 1977, and for which there is no 1 10 continuing reclamation responsibility under state or federal 1 11 laws. 1 12 (2) Coal lands and water damaged by coal mining processes 1 13 and abandoned after August 3, 1977, if they were mined for 1 14 coal or affected by coal mining processes and if either of the 1 15 following occurred: 1 16 (a) The mining occurred and the site was left in either an 1 17 unreclaimed or inadequately reclaimed condition between August 1 18 4, 1977, and April 10, 1981, and any moneys for reclamation or 1 19 abatement that are available pursuant to a bond or other form 1 20 of financial guarantee or from any other source are not 1 21 sufficient to provide for adequate reclamation or abatement at 1 22 the site. 1 23 (b) The mining occurred and the site was left in either an 1 24 unreclaimed or inadequately reclaimed condition between August 1 25 4, 1977, and November 5, 1990, and the surety of the mining 1 26 operator became insolvent during that period and, as of 1 27 November 5, 1990, moneys immediately available from 1 28 proceedings relating to the insolvency or from any financial 1 29 guarantee or other source are not sufficient to provide for 1 30 adequate reclamation or abatement at the site. 1 31 b. If requested by the governor, the division may fill 1 32 voids and seal tunnels, shafts, and entryways resulting from 1 33 any previous noncoal mining operation, and may reclaim surface 1 34 impacts of any such noncoal underground or surface mines that 1 35 were mined prior to August 3, 1977, and which constitute an 2 1 extreme danger to the public health, safety, general welfare, 2 2 or property. Sites and areas designated for remedial action 2 3 pursuant to the federal Uranium Mill Tailings Radiation 2 4 Control Act of 1978, 42 U.S.C. } 7901 et seq., or which have 2 5 been listed for remedial action pursuant to the federal 2 6 Comprehensive Environmental Response Compensation and 2 7 Liability Act of 1980, 42 U.S.C. } 9601 et seq., are not 2 8 eligible for expenditures under this section. 2 9 Sec. 2. Section 207.21, subsection 3, paragraph d, Code 2 10 1997, is amended by striking the paragraph. 2 11 Sec. 3. Section 207.23, subsection 1, Code 1997, is 2 12 amended to read as follows: 2 13 1.Before initiating a reclamation project, the division2 14shall obtain a notarized appraisal by an independent appraiser2 15of the value of the land before the project.Within six 2 16 months after the completion of a project to restore, reclaim, 2 17 abate, control, or prevent adverse effects of past coal mining 2 18 practices on privately owned land, the division shall itemize 2 19 the money expended on the project, obtain another appraisal2 20 andshallmay file a lien statement in the manner provided in 2 21 section 572.8, together with the notarized appraisals,in the 2 22 office of the district court clerk of each county in which a 2 23 portion of the property affected by the project is located, 2 24 together with a notarized appraisal by an independent 2 25 appraiser of the value of the land before the restoration, 2 26 reclamation, abatement, control, or prevention of adverse 2 27 effects of past mining practices if the money so expended 2 28 results in a significant increase in property value. A copy 2 29 of the lien statement and the appraisal, if required, shall be 2 30 served upon affected property owners in the manner provided 2 31 for service of an original notice. The lien shall not exceed 2 32 the amount determined by the appraiser to be the increase in 2 33 the market value of the land as a result of the restoration, 2 34 reclamation, abatement, control, or prevention of adverse 2 35 effects of past coal mining practices. A lien shall not be 3 1 filed in accordance with this subsection against the property 3 2 of a person, who owned the surface prior to May 2, 1977, and 3 3 who neither consented to, participated in nor exercised 3 4 control over the mining operation which necessitated the 3 5 reclamation performed. 3 6 Sec. 4. Section 207.23, subsections 4 and 5, Code 1997, 3 7 are amended by striking the subsections. 3 8 Sec. 5. NEW SECTION. 207.9 POWERS AND AUTHORITY. The 3 9 division may engage in any work and do all things necessary or 3 10 expedient, including adoption of rules, to implement and 3 11 administer the provisions of an abandoned mine reclamation 3 12 program. 3 13 EXPLANATION 3 14 This bill amends Code section 207.21 relating to the 3 15 parameters for coal lands and water damaged by coal mining 3 16 after August 3, 1977, to become eligible for reclamation or 3 17 drainage abatement expenditures. The bill provides that 3 18 reclamation or drainage abatement moneys are available to 3 19 damaged lands or water left in either an unreclaimed or 3 20 inadequately reclaimed condition between August 4, 1977, and 3 21 April 10, 1981, where moneys available pursuant to a bond or 3 22 other form of financial guarantee are not sufficient to 3 23 provide adequate reclamation or abatement. The bill provides 3 24 that reclamation or drainage abatement moneys are available to 3 25 damaged lands or water left in either an unreclaimed or 3 26 inadequately reclaimed condition between August 4, 1977, and 3 27 November 5, 1990, where the surety of the mining operator 3 28 became insolvent during that period and that, as of November 3 29 5, 1990, moneys immediately available from proceedings 3 30 relating to such insolvency or from any financial guarantee or 3 31 other source are not sufficient to provide for adequate 3 32 reclamation or abatement. 3 33 The bill provides that if requested by the governor, the 3 34 division may fill voids and seal tunnels, shafts, and 3 35 entryways resulting from any previous noncoal mining 4 1 operation, and may reclaim surface impacts of any such noncoal 4 2 mining or surface mines that were mined prior to August 3, 4 3 1977, and which constitute an extreme danger to the public 4 4 health and safety. Reclamation and abatement moneys will not 4 5 be available to sites designated for remedial action pursuant 4 6 to 42 U.S.C. } 7901 et seq., or which have been listed for 4 7 remedial action pursuant to 42 U.S.C. } 9601 et seq. 4 8 The bill removes research and demonstration projects 4 9 relating to the development of surface mining reclamation and 4 10 water quality control program methods and techniques from the 4 11 list of priorities for which the abandoned mine reclamation 4 12 moneys may be used. 4 13 The bill amends Code section 207.23 to provide that within 4 14 six months after the completion of a project to restore, 4 15 reclaim, abate, control, or prevent adverse effects of past 4 16 coal mining practices on privately owned land, the division 4 17 shall itemize the money expended and may file a lien statement 4 18 together with a notarized appraisal by an independent 4 19 appraiser of the value of the land prior to the project if the 4 20 money so expended results in a significant increase in 4 21 property value. The bill provides that the lien shall not 4 22 exceed the amount determined by the appraiser to be the 4 23 increase in the market value of the land as a result of the 4 24 project. 4 25 The bill provides that the division no longer must report 4 26 to the general assembly annually on the operations of this 4 27 program should the division participate in the program. The 4 28 bill also removes Code section 207.23, subsection 5, and 4 29 places it in new Code section 207.29. 4 30 LSB 2065HC 77 4 31 tm/jj/8
Text: HSB00171 Text: HSB00173 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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