HARRY HUGHES, Governor

3079

(b) This subtitle is an exercise of the police powers of
the State for the general welfare of the people of the State, by
providing for the protection and conservation of the natural
resources of the State and the reclamation of areas of land
affected in the surface mining of metallic and nonmetallic
minerals other than coal, to aid in the protection of birds and
wildlife, to decrease soil erosion, to prevent pollution of
rivers, streams, and lakes, to prevent loss or waste of valuable
mineral resources, to prevent and eliminate hazards to health and
safety, to provide for reclamation of mined areas so as to assure
the use of these lands for productive purposes, and generally to
provide for the continued use and enjoyment of these lands.

7-6A-03.

The Department may adopt rules and regulations reasonably
necessary for the administration of this subtitle. Rules and
regulations shall be adopted in accordance with the provisions of
the Administrative [Procedures] PROCEDURE Act.

7-6A-04.

(a)  All funds received by the Department from license fees,
permit fees, special reclamation fees, the forfeiture of bonds
and of cash deposits and securities, and fines collected upon
conviction of [an operator] A PERMITTEE OR A LICENSEE under §§
7-6A-06[(e)] (F) and 7-6A-07[(h)] (K) OF THIS SUBTITLE shall be
deposited to the credit of the State Treasurer in a bank he
designates, and shall be maintained as a special fund on the
books of the Comptroller of the Treasury in an account, to be
known as the "Surface Mined Land Reclamation Fund." This Fund
shall be used by the Department for the administration and
implementation of this subtitle, including rehabilitating the
area of land affected by the operation upon which liability was
charged on the bond.

(b)  For the reclamation of pre-law surface mines, the
Department may use funds received from the following sources:

(1)  A forfeiture in excess of the amount required for
reclaiming the area of land affected by the operation on which
the liability was charged;

(2)  A forfeiture relating to land which the
Department determines to be physically impossible to reclaim; and

(3)  Licensing fees, permitting fees, fines, funds
received from the special reclamation fees established by §
7-6A-07[(f),] (I) OF THIS SUBTITLE or any other source.

(C) THE SPECIAL RECLAMATION FEES AND THE STATE MATCH
ESTABLISHED BY § 7-6A-07(I) AND (J) OF THIS SUBTITLE SHALL ONLY
BE USED FOR THE RECLAMATION OF PRE-LAW SURFACE MINES.