HARRY HUGHES, Governor                               1157

ADVERSE EFFECTS OF PAST COAL MINING PRACTICES, WILL SERVE
RECREATION AND HISTORIC PURPOSES, CONSERVATION AND
RECLAMATION PURPOSES OR PROVIDE OPEN SPACE BENEFITS; AND

(2)   PERMANENT FACILITIES SUCH AS A TREATMENT
PLANT OR A RELOCATED STREAM CHANNEL WILL BE CONSTRUCTED ON
THE LAND FOR THE RESTORATION, RECLAMATION, ABATEMENT,
CONTROL, OR PREVENTION OF THE ADVERSE EFFECTS OF PAST COAL
MINING PRACTICES; OR

(3)   ACQUISITION OF COAL REFUSE DISPOSAL SITES
AND ALL COAL REFUSE THEREON WILL SERVE THE PURPOSES OF THIS
SUBTITLE, OR THAT PUBLIC OWNERSHIP IS DESIRABLE TO MEET
EMERGENCY SITUATIONS AND PREVENT RECURRENCES OF THE ADVERSE
EFFECTS OF PAST COAL MINING PRACTICES.

(B)   THE TOTAL PRICE PAID FOR LAND ACQUIRED UNDER THIS
SECTION SHALL REFLECT THE MARKET VALUE OF THE LAND AS
ADVERSELY AFFECTED BY PAST COAL MINING PRACTICES.

(C)   TITLE TO ALL LANDS ACQUIRED PURSUANT TO THIS
SECTION SHALL BE IN THE NAME OF THE STATE.

(D)   LAND ACQUIRED PURSUANT TO THIS SECTION, OR LAND
ALREADY IN STATE OWNERSHIP WHICH IS DETERMINED TO BE IN NEED
OF RECLAMATION, MAY BE RECLAIMED AS FOLLOWS:

(1)   THE DEPARTMENT MAY PROCEED TO RECLAIM SUCH
LAND IN ACCORDANCE WITH THIS SUBTITLE;

(2)   THE DEPARTMENT MAY SELL SUCH LAND TO THE
FEDERAL GOVERNMENT ON THE CONDITION THAT IT BE RECLAIMED IN
ACCORDANCE WITH TITLE IV OF THE FEDERAL SURFACE MINING
CONTROL AND RECLAMATION ACT OF 1977; OR

(3)   IF LAND IS DEEMED TO BE SUITABLE FOR
INDUSTRIAL, COMMERCIAL, RESIDENTIAL, OR RECREATIONAL
DEVELOPMENT, THE DEPARTMENT MAY SELL IT BY COMPETITIVE
BIDDING UPON CONDITION THAT ITS USE BE CONSISTENT WITH LOCAL
AND STATE LAND USE PLANS AND THAT ALL ADVERSE EFFECTS OF
PAST COAL MINING PRACTICES HAVE BEEN OR WILL BE ELIMINATED.

(E)   IN ADDITION TO THE AUTHORITY CONTAINED ABOVE, THE
DEPARTMENT MAY ACQUIRE LAND BY PURCHASE, DONATION OR
CONDEMNATION AND RECLAIM AND TRANSFER SUCH LAND TO ANY LOCAL
GOVERNMENT, PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER
ENTITY, IF IT IS DETERMINED THAT SUCH ACTION IS AN INTEGRAL
AND NECESSARY ELEMENT OF AN ECONOMICALLY FEASIBLE PLAN FOR A
PROJECT TO CONSTRUCT OR REHABILITATE HOUSING FOR PERSONS:

(1)   DISABLED AS THE RESULT OF EMPLOYMENT IN THE
MINES OR WORK INCIDENTAL THERETO;

(2)   DISPLACED BY THE ACQUISITION OF LAND
PURSUANT TO THIS SUBTITLE;