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Tennessee Code Title 59. Mines and Mining § 59-8-133

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) Notwithstanding a law to the contrary, the state shall postpone efforts to obtain exclusive jurisdiction over surface coal mining and reclamation operations within this state under the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.) until the commissioner notifies the speaker of the senate and the speaker of the house of representatives that the commissioner has determined that:

(1) The surface coal mining industry in this state is fiscally self-sufficient to support a state-operated program, with revenues from fees and taxes generated from the industry anticipated to meet required expenditures, using data from the report required by subsection (c); and

(2) This state has allocated monies sufficient to address actual and potential liabilities resulting from insufficient bonding relative to surface coal mining and reclamation operations.

(b) During the period of postponement pursuant to subsection (a), the department shall consult with the Tennessee Mining Association regarding the status of surface coal mining and reclamation operations in this state. The department of environment and conservation shall notify the department of revenue when any application for primacy is submitted.

(c) By July 1, 2024, and each July 1 thereafter until July 1, 2028, the department shall submit a report to the speaker of the senate and the speaker of the house of representatives containing data on:

(1) The tonnage of coal severed from the ground in surface coal mining and reclamation operations in this state during the prior fiscal year; and

(2) The amount of projected revenue from acreage fees, severance taxes, permit fees, and amendment fees that would have been required by state law if the state had exclusive jurisdiction over surface coal mining and reclamation operations in this state during the prior fiscal year.

(d) If, by July 1, 2028, the commissioner has not notified the speaker of the senate and the speaker of the house of representatives pursuant to subsection (a), any obligation of this state to seek to obtain exclusive jurisdiction over surface coal mining and reclamation operations within this state under the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1201 et seq.) terminates.

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Cite this article: FindLaw.com - Tennessee Code Title 59. Mines and Mining § 59-8-133 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-59-mines-and-mining/tn-code-sect-59-8-133/

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