In this subtitle the following words have the meanings indicated. “Board” means Board of Public Works. “Department” means the Department of the Environment. “Land” means real property, including improvements, rights–of–way, water, riparian or other vested rights, easements, privileges, and any other estate or interest in real property.

It is the intention of the General Assembly to promote the reclamation of mined areas left without adequate reclamation which continue to degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger use of land or water resources, or endanger the health or safety of the public. To accomplish these objectives, the Department is hereby authorized to administer an abandoned mine reclamation program consistent with the requirements of the federal Surface Mining Control and Reclamation Act.

Except for funds deposited in the Acid Mine Drainage Abatement and Treatment Fund under subsection (b) of this section, any funds the Department receives pursuant to Title IV of the federal Surface Mining Control and Reclamation Act of 1977 shall be deposited, together with any other funds appropriated for the purposes of this subtitle, in a special fund on the books of the Comptroller of the Treasury in an account known as the “Federal–State Reclamation Fund”. The Department shall use the funds to accomplish the purposes of this subtitle in accordance with the provisions of this subtitle. The provisions of this subtitle shall apply only to the “Federal–State Reclamation Fund”. There is an Acid Mine Drainage Abatement and Treatment Fund in the Department. Funds granted to the Department for acid mine drainage abatement and treatment under Title IV of the federal Surface Mining Control and Reclamation Act of 1977, as amended, may be deposited by the Department into the Acid Mine Drainage Abatement and Treatment Fund. Funds deposited into the Acid Mine Drainage Abatement and Treatment Fund, together with all interest earned on those funds, shall remain available until expended and may not revert to the General Fund. The Department may expend funds deposited into the Acid Mine Drainage Abatement and Treatment Fund and any interest accrued only to abate and treat acid mine drainage in accordance with the provisions of Title IV of the federal Surface Mining Control and Reclamation Act.

The Department is authorized to promulgate and enforce any rules and regulations necessary for the administration of this subtitle. The Department may enter into cooperative projects with other states or governmental bodies in order to carry out the purposes of this subtitle.

The Department is authorized to develop a reclamation plan in accordance with the provisions of the federal Surface Mining Control and Reclamation Act of 1977, and to submit such plan to the federal government for approval pursuant to that Act. Subsequent to federal approval of the reclamation plan, the Department may apply for and accept any and all funds available for reclamation, and shall administer them in accordance with the provisions of this subtitle. Such funds may be used for all costs related to elimination of the adverse effects of past coal mining practices, including but not limited to, planning and engineering costs, costs of plans, specifications, surveys, investigations and feasibility studies, construction and inspection costs, actual operation and maintenance costs of permanent facilities, and all administrative expenses.

The expenditure of funds available for the purposes of this subtitle shall reflect the following priorities in the order stated: The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices; The protection of public health, safety, and general welfare from adverse effects of coal mining practices; The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity; Research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques; The protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices; and The development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this article for recreation and historic purposes, conservation, and reclamation purposes and open space benefits. Lands and water eligible for reclamation expenditures under this title are those which were mined for coal, or which were affected by such mining, wastebanks, coal processing, or other coal mining processes and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and lands and water made eligible through amendments to the federal Surface Mining Control and Reclamation Act of 1977 as amended through October 1, 1994, and for which there is no continuing reclamation responsibility under State or federal law.

The Department may seek an order from the circuit court for the county in which the land or water resources is located authorizing the Department, its agents, employees, or contractors to enter upon the property adversely affected by past coal mining practices and any other property to have access to the affected property and to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects, if the Department makes a finding of fact that: Land or water resources have been adversely affected by past coal mining practices; The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices: Are not known, or not readily available; or Will not give permission for the Department, its agents, employees, or contractors to enter on the property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices. The court shall consider whether the entry is a necessary exercise of the police power for the protection of the public health, safety, and welfare, and the actions of the Department under a court order shall not be construed as an act of condemnation of or trespass on property. The money expended for the work and the benefits accruing to any premises so entered shall be chargeable against the land and shall mitigate or offset any claim in or any action brought by any owner of any interest in the premises for any alleged damages by virtue of the entry. This provision is not intended to create new rights of action or eliminate existing immunities. Within 6 months after completion of a project pursuant to this subtitle, the Department shall itemize the moneys expended by the Department and file a notarized statement prepared by an independent appraiser as to the increase in value of the land attributable to the reclamation project with the clerk of the circuit court for the county in which the affected land lies. The statement shall constitute a lien upon the land for an amount equal to the increase in the value attributable to the project; provided that, no lien shall be filed: If the owner of the surface rights acquired the property prior to May 2, 1977, and neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation project; If the primary purpose of the reclamation project is to benefit the health, safety, and environmental values of the general public; If the cost of filing the lien exceeds the increase in the fair market value of the property as a result of the reclamation project; or If the reclamation project is necessitated by an unforeseen occurrence and the project does not significantly increase the fair market value of the property. The landowner may, within 60 days of the filing of the lien, petition the circuit court to determine the increase in the market value of the land as a result of the reclamation project. The lien provided in this section shall constitute a lien upon the said land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land. All funds received by the State pursuant to this section shall be credited to the Federal-State Reclamation Fund.

The Department is authorized to acquire any land, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if it is determined that acquisition of such land is necessary to successful reclamation and that: The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes or provide open space benefits; and Permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this subtitle, or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices. The total price paid for land acquired under this section shall reflect the market value of the land as adversely affected by past coal mining practices. Title to all lands acquired pursuant to this section shall be in the name of the State. Land acquired pursuant to this section, or land already in State ownership which is determined to be in need of reclamation, may be reclaimed as follows: The Department may proceed to reclaim such land in accordance with this subtitle; The Department may sell such land to the federal government on the condition that it be reclaimed in accordance with Title IV of the federal Surface Mining Control and Reclamation Act of 1977; or If land is deemed to be suitable for industrial, commercial, residential, or recreational development, the Department may sell it by competitive bidding upon condition that its use be consistent with local and State land use plans and that all adverse effects of past coal mining practices have been or will be eliminated. In addition to the authority contained above, the Department may acquire land by purchase, donation or condemnation and reclaim and transfer such land to any local government, person, firm, association, corporation or other entity, if it is determined that such action is an integral and necessary element of an economically feasible plan for a project to construct or rehabilitate housing for persons: Disabled as the result of employment in the mines or work incidental thereto; Displaced by the acquisition of land pursuant to this subtitle; Dislocated as the result of adverse effects of coal mining practices which constitute an emergency situation endangering the public health, safety, or general welfare; or Dislocated as the result of natural disasters or catastrophic failures from any cause. Land transferred pursuant to this subsection need not be at fair market value; provided that no profit shall accrue to any entity due to the difference between fair market value and the price required by the Department. No part of any moneys available under this subtitle may be used to pay actual construction costs of housing. Any and all purchase, sale, or transfer of land pursuant to this subtitle shall be by action of the Board. All funds received by the State from the sale of land shall be credited to the Federal-State Reclamation Fund. In all cases where land is acquired pursuant to this subtitle, the Department shall hold a public hearing in the county in which the land is located, for the purpose and at a time which will ensure that local citizens and governments may participate in the decision concerning the proper use or disposition of the land after restoration.

The Department shall have the right to enter upon any property where there is no reasonable expectation of privacy for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property or trespass.