MARVIN MANDEL, Governor                             2465

7-514.

(a) Any funds THAT the [director of the bureau]
DEPARTMENT receives from license AND SPECIAL RECLAMATION
fees, MINE RECLAMATION SURCHARGE, forfeiture of bonds,
cash deposits, or securities shall be deposited to the
credit of the State Treasurer in a bank he designates.
The funds shall be maintained as a special fund on the
books of the Comptroller of the treasury in an account
known as the "Bituminous Coal Open-Pit Mining Reclamation
Fund"[, for the director to]. THE SECRETARY SHALL use
THE FUNDS TO IMPLEMENT THIS SUBTITLE AND to backfill,
grade, and plant [the area of land] AREAS affected by
[the operation on which liability was charged on the
bond. The Director may use any funds received from a
forfeiture in excess of the amount required for
backfilling, grading, and planting, any funds received
from any forfeiture relating to land he determines to be
physically impossible to backfill, grade, and plant, and
any funds received from any special reclamation fee
established by § 7-505 (d) , or from any other source, in

order to forest or] OPEN-PIT MINING. HOWEVER, FUNDS

RECEIVED FROM THE RECLAMATION SURCHARGE UNDER SECTION

7-507.1 OF THIS__ARTICLE SHALL ONLY BE USED BY THE

SECRETARY FOR RECLAMATION OF LAND AFFECTED BY OPEN-PIT OR
STRIP METHOD MINING IN THE COUNTY IN WHICH THE SURCHARGE
IS ASSESSED AND COLLECTED. HOWEVER, FUNDS RECEIVED FROM
FORFEITURE ON BONDS, CASH, OR SECURITIES SHALL BE USED TO
BACKFILL, GRADE, AND PLANT THE AREA OF LAND AFFECTED BY
THE OPERATION ON WHICH THE LIABILITY HAS CHARGED ON THE
BOND. FUNDS RECEIVED ON A FORFEITURE IN EXCESS OF THE
AMOUNT REQUIRED FOR RECLAMATION MAY BE USED TO reclaim
any other land affected by open—pit mining of bituminous
coal. THE SECRETARY SHALL USE THE FUND TO REIMBURSE

COUNTIES FROM WHICH COAL IS REMOVED BY STRIP OR OPEN-PIT

MINING FOR THE ADDITIONAL COST OF ROAD MAINTENANCE

ATTRIBUTABLE TO THE COAL MINING INDUSTRY. ALL PAYMENTS

TO COUNTIES SHALL BE SUBJECT TO APPROVAL BY THE GENERAL

ASSEMBLY.

(B) THE SECRETARY SHALL ADMINISTER THE FUND
SUBJECT TO THE PROVISIONS FOR FINANCIAL MANAGEMENT AND
BUDGETING ESTABLISHED BY THE DEPARTMENT OF BUDGET AND
FISCAL PLANNING. THE SECRETARY ANNUALLY SHALL COORDINATE
THE PREPARATION OF A BUDGET REQUIRED TO IMPLEMENT THIS
SUBTITLE, INCLUDING RECLAMATION OF LANDS AFFECTED BY
BITUMINOUS COAL OPEN-PIT MINING.

[(b)] (C) If one operator succeeds another at any
uncompleted operation, either by sale, assignment, lease,
or otherwise, the [director of the bureau] SECRETARY may
release the first operator from all liability under this
subtitle as to that particular operation if both
operators have registered and otherwise complied with the
requirements of this subtitle, and the successor operator
assumes as part of this obligation all liability for
backfilling, grading, planting, and reclamation on the
land affected by the former operator.