{"data":{"id":"us-ky/krs-350.553","jurisdiction":"us-ky","citation":"KRS 350.553","heading":"Certification of achievement of priorities -- Effect of concurrence in","body":"certification.\n(1) The Governor may certify to the Secretary of the Interior that all of the priorities\nstated in Section 403(a) of P.L. 95 -87 and KRS 350.555 for eligible lands an d\nwaters pursuant to Section 404 of P.L. 95-87 and KRS 350.560(1), (2), and (3) have\nbeen achieved.\n(2) If the Secretary of the Interior concurs with the Governor's certification under\nsubsection (1), for purposes of determining the eligibility of lands an d waters for\nannual grants under KRS 350.550(3), KRS 350.560(1), (2), and (3) shall not apply.\nRather, eligible lands, waters, and facilities shall be those:\n(a) Which were mined or processed for minerals or which were affected by the\nmining or processing,  and abandoned or left in inadequate reclamation status\nprior to August 3, 1977; and\n(b) For which there is no continuing responsibility under state or other federal\nlaws.\n(3) Expenditures of moneys for lands, waters, and facilities referred to in subsecti on\n(2), above, shall reflect the following objectives and priorities in the order stated, in\nlieu of the priorities stated in KRS 350.555:\n(a) The protection of public health, safety, general welfare, and property from\nextreme danger of adverse effects of mineral mining and processing practices.\n(b) The protection of public health, safety, and general welfare from adverse\neffects of mineral mining and processing practices.\n(c) The restoration of land and water resources and the environment previously\ndegraded by the adverse effects of mineral mining and processing practices.\n(4) Sites and areas designated for remedial action pursuant to the Uranium Mill\nTailings Radiation Control Act of 1978 (42 U.S.C. secs. 7901 et seq.) or which have\nbeen listed for remedi al action pursuant to the Comprehensive Environmental\nResponse Compensation and Liability Act of 1980 (42 U.S.C. secs. 9601 et seq.)\nshall not be eligible for expenditures from the fund under this section.\n(5) Reclamation projects involving the protection,  repair, replacement, construction, or\nenhancement of utilities such as those relating to water supply, roads, or other\nfacilities serving the public adversely affected by mineral mining and processing,\nand the construction of public facilities in communit ies impacted by coal or other\nmineral mining and processing practices, shall be deemed part of the objectives set\nforth, and undertaken as they relate to, the priorities stated in subsection (3) above.\n(6) Notwithstanding subsection (5), above, if the Secretary of the Interior has concurred\nin the certification referenced in subsection (1), above, and the Governor determines\nthat there is a need for activities or construction of specific public facilities related\nto the coal or minerals industry and if the Secretary of the Interior concurs in the\nneed, then the Commonwealth of Kentucky may use annual grants made available\nunder KRS 350.550(3) to carry out the activities or construction.\n(7) The provisions of KRS 350.570 and 350.575 shall apply to subsections  (1) through\n(5) of this section, except that for purposes of this section, the references to coal in\nKRS 350.570 and 350.575 shall not apply.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32859","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:36Z","sha256":"83e930d306e2f54aad8bea913eb55332a63a962cc8591f3de765ebb30b350fce","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.550","next":"us-ky/krs-350.555"},"notice":"GroundRules: Original legal text. Not legal advice."}