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North Dakota Century Code Title 38. Mining and Gas and Oil Production § 38-14.2-04. State abandoned mine reclamation fund

Current as of January 01, 2024 | Updated by Findlaw Staff

There is hereby created the state abandoned mine reclamation fund.

1. Revenue to the fund must include:

a. Moneys applied for and received by the commission pursuant to title IV of Public Law 95-87 [91 Stat. 456; 30 U.S.C. 1231 et seq.], for the purposes of this chapter.

b. Moneys donated to the commission by persons, corporations, limited liability companies, associations, and foundations for the purposes of this chapter.

c. Moneys collected by the commission from charges for uses of lands acquired or reclaimed with moneys from the fund, after expenditures for maintenance have been deducted.

d. Moneys recovered by the commission through satisfaction of liens filed against privately owned lands reclaimed with moneys from the fund.

e. Moneys recovered by the commission from the sale of lands acquired with moneys from the fund.

f. Such other moneys as may be deposited in the fund for use in carrying out the purposes of the abandoned mine reclamation program.

2. Moneys in the fund may be used for the following purposes:

a. Reclamation and restoration of land and water resources as defined by section 38-14.2-06 and adversely affected by past mining, including but not limited to:

(1) Reclamation and restoration of abandoned surface mined areas, abandoned coal processing areas, and abandoned coal refuse disposal areas.

(2) Reclamation of lands affected by underground mine subsidence.

(3) Planting of land adversely affected by past coal mining or noncoal mining to prevent erosion and sedimentation.

(4) Prevention, abatement, treatment, and control of water pollution created by coal mine or noncoal mine drainage including restoration of streambeds, and construction and operation of water treatment plants.

(5) Prevention, abatement, and control of burning coal refuse disposal areas and burning coal in situ.

(6) Prevention, abatement, and control of coal mine subsidence.

b. Acquisition or lease of land as provided for in this chapter.

c. All other necessary expenses to accomplish the purposes of this chapter, including administrative expenses and costs incurred in the development of the abandoned mine reclamation plan and the abandoned mine reclamation program.

3. There is created a special fund in the state treasury called the state abandoned mine reclamation fund set-aside trust account. Revenue to the set-aside trust account must be ten percent of the amount granted by the secretary of the interior under title IV of Public Law 95-87 for amounts awarded before December 20, 2006. This account must be interest bearing and all interest must be credited to the set-aside trust account. No funds from this account may be expended prior to September 30, 2004. After September 30, 2004, the funds may be expended as provided in this subsection but no funds may be used to reclaim noncoal projects. The legislative assembly shall authorize expenditure by appropriation from the account as necessary to defray the administrative expenses of the program. The remaining funds in the account may only be used in accordance with subdivisions a, b, and c, of subsection 1 of section 38-14.2-07 but no funds may be used on noncoal projects. The liability of the state to fulfill the requirements of this subsection is limited to the amount of funds available in the account established in this subsection. The state has no obligations under this subsection except to the extent of federal funds deposited in the state abandoned mine reclamation fund set-aside trust account and the interest thereon to operate the program.

4. There is created a special fund in the state treasury called the state abandoned mine reclamation safeguarding treatment for the restoration of ecosystems from abandoned mines fund set-aside trust account. Revenue to the set-aside trust account must be no more than thirty percent of the annual amount granted by the secretary of interior under title IV of Public Law No. 95-87 as provided by Public Law No. 117-58 and Public Law No. 117-328. This account must be interest bearing and all interest must be credited to the safeguarding treatment for the restoration of ecosystems from abandoned mines fund set-aside trust account. The funds from this account may be expended for:

a. The abatement of the causes and treatment of the effects of acid mine drainage resulting from coal mining practices, including costs of building, operating, maintaining, and rehabilitating acid mine drainage treatment systems;

b. The prevention, abatement, and control of subsidence; or

c. The prevention abatement, and control of coal mine fires.

5. The legislative assembly shall authorize expenditure by appropriation from the account under subsection 4 as necessary to defray the administrative expenses of the program.

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Cite this article: FindLaw.com - North Dakota Century Code Title 38. Mining and Gas and Oil Production § 38-14.2-04. State abandoned mine reclamation fund - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-38-mining-and-gas-and-oil-production/nd-cent-code-sect-38-14-2-04/

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