| (a) Water supply restoration projects are those that
protect, repair, replace, construct, or enhance facilities related
to water supplies, including water distribution facilities and treatment
plants that have been adversely affected by coal mining practices.
If the adverse effect on water supplies referred to in this section
occurred both prior to and after August 3, 1977, the project shall
remain eligible, notwithstanding the criteria specified in §12.803
of this title (relating to Eligible Coal Lands and Water), if the
Commission finds in writing, as part of its eligibility opinion, that
such adverse effects are due predominately to effects of mining processes
undertaken and abandoned prior to August 3, 1977.
(b) Enhancement of facilities or utilities under this
section shall include upgrading necessary to meet any local, state,
or federal public health or safety requirement. Enhancement shall
not include any service area expansion of a utility or facility not
necessary to address a specific abandoned mine land problem.
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