KRS 350.553: Certification of achievement of priorities -- Effect of concurrence in

certification.

(1) The Governor may certify to the Secretary of the Interior that all of the priorities

stated in Section 403(a) of P.L. 95 -87 and KRS 350.555 for eligible lands an d

waters pursuant to Section 404 of P.L. 95-87 and KRS 350.560(1), (2), and (3) have

been achieved.

(2) If the Secretary of the Interior concurs with the Governor's certification under

subsection (1), for purposes of determining the eligibility of lands an d waters for

annual grants under KRS 350.550(3), KRS 350.560(1), (2), and (3) shall not apply.

Rather, eligible lands, waters, and facilities shall be those:

(a) Which were mined or processed for minerals or which were affected by the

mining or processing, and abandoned or left in inadequate reclamation status

prior to August 3, 1977; and

(b) For which there is no continuing responsibility under state or other federal

laws.

(3) Expenditures of moneys for lands, waters, and facilities referred to in subsecti on

(2), above, shall reflect the following objectives and priorities in the order stated, in

lieu of the priorities stated in KRS 350.555:

(a) The protection of public health, safety, general welfare, and property from

extreme danger of adverse effects of mineral mining and processing practices.

(b) The protection of public health, safety, and general welfare from adverse

effects of mineral mining and processing practices.

(c) The restoration of land and water resources and the environment previously

degraded by the adverse effects of mineral mining and processing practices.

(4) Sites and areas designated for remedial action pursuant to the Uranium Mill

Tailings Radiation Control Act of 1978 (42 U.S.C. secs. 7901 et seq.) or which have

been listed for remedi al action pursuant to the Comprehensive Environmental

Response Compensation and Liability Act of 1980 (42 U.S.C. secs. 9601 et seq.)

shall not be eligible for expenditures from the fund under this section.

(5) Reclamation projects involving the protection, repair, replacement, construction, or

enhancement of utilities such as those relating to water supply, roads, or other

facilities serving the public adversely affected by mineral mining and processing,

and the construction of public facilities in communit ies impacted by coal or other

mineral mining and processing practices, shall be deemed part of the objectives set

forth, and undertaken as they relate to, the priorities stated in subsection (3) above.

(6) Notwithstanding subsection (5), above, if the Secretary of the Interior has concurred

in the certification referenced in subsection (1), above, and the Governor determines

that there is a need for activities or construction of specific public facilities related

to the coal or minerals industry and if the Secretary of the Interior concurs in the

need, then the Commonwealth of Kentucky may use annual grants made available

under KRS 350.550(3) to carry out the activities or construction.

(7) The provisions of KRS 350.570 and 350.575 shall apply to subsections (1) through

(5) of this section, except that for purposes of this section, the references to coal in

KRS 350.570 and 350.575 shall not apply.