Title 40 Mines and Mining Chapter 10 Coal Mining and Reclamation Section 25.1 Abandoned Mine Reclamation Fund created -- Contents -- Use of monies.
40-10-25.1.Abandoned Mine Reclamation Fund created -- Contents -- Use of
monies.
(1) (a) There is created a restricted special revenue fund known as the "Abandoned Mine
Reclamation Fund."
(b) (i) The fund shall consist of the monies specified in Subsections (2) and (3).
(ii) The monies of Subsection (2) shall be segregated from the monies of Subsection (3).
(2) (a) Monies received by the state from the following sources shall be deposited into the
Abandoned Mine Reclamation Fund:
(i) recovered liens filed against privately owned land as provided by Section 40-10-28;
(ii) fees for the use of reclaimed lands as provided by Section 40-10-28;
(iii) fines collected for violations of this chapter or any rule or order issued under this
chapter;
(iv) donations designated for reclamation of abandoned mines; and
(v) interest credited to the fund pursuant to Subsection (2)(b).
(b) Monies received under Subsection (2)(a) shall be invested by the state treasurer and
the income earned shall be credited to the Abandoned Mine Reclamation Fund, except interest
income earned over $19,000 per year shall be credited to the General Fund.
(c) The division may at any time expend monies deposited into the fund under Subsection
(2)(a) to accomplish the purposes of the abandoned mine reclamation program.
(3) (a) (i) Monies received by the state from the secretary of the United States
Department of Interior, which are granted as special state set-aside monies in accordance with 30
U.S.C. Sec. 1232 et seq. shall be deposited in the Abandoned Mine Reclamation Fund.
(ii) Monies deposited into the fund under Subsection (3)(a)(i) shall be invested by the
state treasurer and the income earned shall be credited to the Abandoned Mine Reclamation Fund.
(b) After August 3, 1992, the division shall use the monies deposited into the Abandoned
Mine Reclamation Fund under this Subsection (3) to accomplish the purposes set forth in Sections
40-10-25 through 40-10-28.1.
(c) Except as provided in Subsection (3)(d), the monies deposited into the Abandoned
Mine Reclamation Fund under this Subsection (3) shall be made available to the division through
legislative appropriations.
(d) The director of the division with the concurrence of the board may at any time expend
monies deposited into the Abandoned Mine Reclamation Fund under Subsection (3)(a) for any
emergency requiring immediate reclamation.
Amended by Chapter 256, 2002 General Session
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