| (a) This section applies to reclamation projects involving
the restoration of lands and water adversely affected by past mineral
mining; projects involving the protection, repair, replacement, construction,
or enhancement of utilities (such as those relating to water supply,
roads, and other such facilities serving the public adversely affected
by mineral mining and processing practices); and the construction
of public facilities in communities impacted by coal or other mineral
mining and processing practices.
(b) Following certification by the Commission of the
completion of all known coal projects, the projects and construction
of public facilities identified in subsection (a) of this section
shall reflect the following priorities in the order stated:
(1) the protection of public health, safety, general
welfare, and property from the extreme danger of adverse effects of
mineral mining and processing practices;
(2) the protection of public health, safety, and general
welfare from the adverse effects of mineral mining and processing
practices; and
(3) the restoration of land and water resources and
the environment previously degraded by the adverse effects of mineral
mining and processing practices.
(c) Enhancement of facilities or utilities shall include
upgrading necessary to meet local, state, or federal public health
or safety requirements. Enhancement shall not include any service
area expansion of a utility or facility not necessary to address a
specific abandoned mine land problem.
(d) Notwithstanding subsection (a) of this section,
if the governor determines that there is a need for activities or
construction of specific public facilities related to the coal or
minerals industry, and the governor or the Commission at the governor's
request submits a grant application as specified in subsection (e)
of this section and the Director concurs with the application submitted
under subsection (e) of this section, the Director may grant funds
made available under Section 402(g)(1) of the Federal Act, 30 U.S.C.
1232, to carry out such activities or construction.
(e) To qualify for funding pursuant to the authority
in subsection (d) of this section, the governor, or the Commission
at the governor's request, must submit a grant application that specifically
sets forth:
(1) the need or urgency for the activity or the construction
of the public facility;
(2) the expected impact the project will have on the
coal or minerals industry in the state;
(3) the availability of funding from other sources
and, if other funding is provided, its percentage of the total costs
involved;
(4) documentation from other local, state, and federal
agencies with oversight for such utilities or facilities regarding
what funding resources they have available and why this specific project
is not being fully funded by those agencies;
(5) the impact on the state, the public, and the minerals
industry if the activity or facility is not funded;
(6) the reason why this project should be selected
before a priority project relating to the protection of the public
health and safety or the environment from the damages caused by past
mining activities; and
(7) an analysis and review of the procedures used by
the Commission to notify and involve the public in this funding request
and a copy of all comments received and their resolution by the Commission.
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