KRS 350.550: Creation of Abandoned Mine Lands Program -- Reclamation fund -- Use

of fund.

(1) There is hereby created within the Commonwealth of Kentucky an Abandoned

Mine Lands Program, to be administered within the Energy and Environment

Cabinet. The secretary o f the Energy and Environment Cabinet may promulgate

regulations necessary to implement this program. The provisions of KRS 350.150,

350.152, 350.154, 350.156(1) and (2), 350.158, 350.161, and 350.163 shall not be

applicable to this program.

(2) The Finance and Administration Cabinet is hereby directed to establish a fund to be

known as the abandoned mine reclamation fund (hereinafter referred to as the

"fund").

(3) The fund shall consist of amounts deposited in the fund from time to time,

including but not limited to:

(a) The reclamation fees levied pursuant to Section 402 of P.L. 95 -87 and

allocated to the Commonwealth of Kentucky;

(b) Any income derived from or any user charge imposed on or for land reclaimed

pursuant to the Abandoned Mine Lands Program af ter the expenses of the

program have been deducted;

(c) Donations by persons, corporations, associations, governmental entities, and

foundations for the purposes of the Abandoned Mine Lands Program;

(d) Interest credited to the fund pursuant to Section 401 (e) of P.L. 95 -87 and

allocated to the Commonwealth of Kentucky; and

(e) All other moneys as provided for consistent with this chapter.

(4) Moneys in the fund may be used for the following purposes:

(a) Reclamation and restoration of land and water resourc es adversely affected by

past coal mining, including but not limited to reclamation and restoration of

abandoned surface mine areas, abandoned coal processing areas, and

abandoned coal refuse disposal areas; sealing and filling of abandoned deep

mine entries and voids; planting of land adversely affected by past coal mining

to prevent erosion and sedimentation; prevention, abatement, treatment, and

control of water pollution created by coal mine drainage, including restoration

of stream beds, and constructi on and operation of water treatment plants;

prevention, abatement, and control of burning coal refuse disposal areas and

burning coal in situ; and prevention, abatement, and control of coal mine

subsidence;

(b) Acquisition and filling of voids and sealing of tunnels, shafts, and entryways;

(c) Acquisition of land as provided for in this chapter;

(d) Restoration, reclamation, abatement, control, or prevention of adverse effects

of coal mining which constitute an emergency as provided for in this program;

(e) Administrative expenses of the program to accomplish the purposes of this

program;

(f) For the purposes of Section 507(c) of P.L. 95-87; and

(g) All other necessary expenses to accomplish the purposes of this program.