State Codes and Statutes

Statutes > Utah > Title-40 > Chapter-10 > 40-10-28-1

40-10-28.1. Certification of completion of coal reclamation.
(1) The governor may certify to the secretary of the United States Department of Interiorthat all of the priorities stated in Subsection 40-10-25(2) for the eligible lands and watersspecified in Subsection 40-10-25(3) have been achieved.
(2) (a) If the secretary concurs with the certification made by the governor, Subsection40-10-25(3) does not apply for the purpose of determining the eligibility of lands and waters forannual grants, and, except as provided in Subsection (2)(b), eligible lands, waters, and facilitiesare those:
(i) which were mined or processed for minerals or which were affected by mineralmining or processing;
(ii) abandoned or left in an inadequate reclamation status prior to August 3, 1977; and
(iii) for which there is no continuing reclamation responsibility under state or otherfederal laws.
(b) In determining the eligibility of federal lands, water, and facilities under thejurisdiction of the Forest Service or Bureau of Land Management, in lieu of the August 3, 1977,date referred to in Subsection (2)(a), the applicable dates shall be August 28, 1974, andNovember 26, 1980, respectively.
(3) Expenditures of money for lands, waters, and facilities referred to in Subsection (2)shall reflect the following objectives and priorities in the order stated, instead of the priorities setforth in Subsection 40-10-25(2):
(a) the protection of public health, safety, general welfare, and property from extremedanger of adverse effects of mineral mining and processing practices;
(b) the protection of public health, safety, and general welfare from adverse effects ofmineral mining and processing practices; and
(c) the restoration of land and water resources and the environment previously degradedby the adverse effects of mineral mining and processing practices.
(4) Sites and areas designated for remedial action pursuant to the Uranium Mill TailingsRadiation Control Act of 1978, 42 U.S.C. 7901 et seq., or which have been listed for remedialaction pursuant to the Comprehensive Environmental Response Compensation and Liability Actof 1980, 42 U.S.C. 9601 et seq., are not eligible for expenditures from the fund under thissection.
(5) The following projects may be undertaken if they relate to the priorities stated inSubsection (3):
(a) reclamation projects involving the protection, repair, replacement, construction, orenhancement of utilities, such as those relating to water supply or roads, or other facilitiesserving the public that are adversely affected by mineral mining and processing practices; or
(b) the construction of public facilities in communities impacted by coal or other mineralmining and processing practices.
(6) Notwithstanding Subsection (5), if the secretary concurs in the certificationreferenced in Subsection (1) and if the governor determines there is a need for activities orconstruction of specific public facilities related to the coal or minerals industry in an areaimpacted by coal or minerals development and the secretary concurs in this need, then thedivision may use annual grants made available under Subsection 40-10-25(1) to carry out theseactivities or construction.
(7) Sections 40-10-27 and 40-10-28, which govern the reclamation of abandoned coal

mines, shall also apply to the reclamation of abandoned mineral operations.

Amended by Chapter 151, 1993 General Session