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2340 VETOES
amount of funds from the Bituminous Coal Open-Pit Mining
Reclamation Fund required to reestablish an adequate balance in
the account to make loans during the next fiscal year.]
[7-514.2.
(a) If a project is approved, the property owner is
eligible to receive an interest-free loan covering 100 percent of
the first $20,000 of project construction cost, 50 percent of the
next $10,000 of project construction cost, 25 percent of the next
$10,000 of project construction cost, and 10 percent of the part
of construction cost exceeding $40,000. However, if two or more
property owners are included within a project and project
construction costs exceed $40,000, the land of each property
owner is considered a separate project for the purpose of
computing net project construction cost under this formula.
(b) Each loan shall constitute a lien on the benefited
property for repayment to the State of net project construction
cost.]
[7-514.3.
(a) The owner of any orphaned lands may file with the
Department a written application requesting assistance in design
and construction of an orphaned land reclamation project. The
application shall be in a form and contain the information that
the Department specifies. Each application form shall contain a
notice warning that the applicant is responsible for maintenance
of any project after it is constructed.
(b) (1) On approval of an application, the Department shall
enter into an agreement with the owner of the benefited property
for construction of the project. Each agreement shall specify
that the net project construction cost is to be repaid in full
over a period not exceeding 25 years.
(2) Each agreement shall be placed in the land
records of the political subdivision within which the benefited
property is located and shall constitute notice of the lien on
the property.
(c) Costs to maintain orphaned land reclamation projects
are the sole responsibility of the benefited property owner. The
Department shall periodically inspect these projects and
recommend to the property owner any measures required to maintain
the project.]
[7-514.4.
(a) The Department shall establish a schedule of priorities
for reclamation projects based on the rate of erosion, the nature
and amount of public benefits provided by the project, and any
other factors set forth in rules and regulations that the
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