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Session Laws, 1976
Volume 734, Page 2467   View pdf image
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MARVIN MANDEL, Governor

2467

7-604.

(A)    PROCEEDS FROM THE MINE RECLAMATION AND WATER
QUALITY RESTORATION LOAN OF 1970 SHALL BE CREDITED ON THE
BOOKS OF THE STATE COMPTROLLER TO BE EXPENDED EXCLUSIVELY
TO FINANCE THE COSTS OF ACQUISITION, IMPROVEMENTS, OR
REHABILITATION OF LAND AND ACQUISITION, CONSTRUCTION,
RECONSTRUCTION, EXTENSION, AND IMPROVEMENT OF FACILITIES
IN CONNECTION WITH THE PREVENTION, CONTROL, AND ABATEMENT
OF POLLUTION OF THE WATERS OF THIS STATE FROM ABANDONED
DEEP OR STRIP MINES, INCLUDING THE PREVENTION OF
DRAINAGE. THE PROCEEDS OF THE LOAN MAY BE EXPENDED FOR:
(1) IMPROVEMENT OR REHABILITATION, INCLUDING DRAINAGE
PREVENTION, OF LAND OWNED BY THE STATE OR A POLITICAL
SUBDIVISION AND OCCUPIED OR DEGRADED BY AN ABANDONED
STRIP MINE OR DEEP MINE; OR (2) ACQUISITION, IMPROVEMENT,
OR REHABILITATION, INCLUDING DRAINAGE PREVENTION, OF
PRIVATE LAND OCCUPIED OR DEGRADED BY ABANDONED MINES.
HOWEVER, THE PROCEEDS MAY NOT BE USED TO IMPROVE,
REHABILITATE, OR PREVENT DRAINAGE FROM ANY LAND THAT THE
STATE OR A POLITICAL SUBDIVISION DOES NOT OWN, UNLESS THE
OWNER OF THE LAND CONTRIBUTES TO THE COST AN AMOUNT AT
LEAST EQUAL TO THE INCREASE IN THE VALUE OF THE LAND
RESULTING FROM IMPROVEMENT OR REHABILITATION. THIS
AMOUNT OR THE MANNER OF DETERMINING THIS AMOUNT AND THE
MANNER OF PAYMENT SHALL BE DETERMINED BY THE SECRETARY.
THE OWNER OF THE LAND NEED NOT PAY THE INCREASE IN THE

VALUE OF THE LAND RESULTING FROM THE IMPROVEMENT OR

REHABILITATION UNTIL SUCH TIME AS THE LAND USE IS CHANGED
FROM AGRICULTURE OR OTHER OPEN SPACE USE.

(B)    Land acquired under the provisions of this
subtitle may be sold to a private person, retained by the
State, or transferred to a political subdivision after
the land has been rehabilitated and water pollution from
the land has been controlled. Every purchase, sale,
and/or transfer of land is by action of the Board who may
promulgate rules and regulations governing the
transactions. The Board may accept gifts of land from
any private citizen, group, quasi—public organization, or
political subdivision in order to accomplish the purposes
of this subtitle. Land acquired by the State by gift,
after rehabilitation and control of water pollution,
either may be sold or retained by the State or
transferred to a political subdivision as directed by the
Board. Any money received from the sale of land acquired
under this section shall be deposited in the treasury and
constitutes a permanent special fund known as the
"Abandoned Mine Drainage Capital Fund". The money in the
Fund may be utilized only for the same purposes as the
proceeds of the loan authorized by this subtitle.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

 

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Session Laws, 1976
Volume 734, Page 2467   View pdf image
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