R643-879-100. Scope

The rules under R643-879 establish procedures for acquisition of eligible land and water resources for emergency and reclamation purposes by the Division under an approved Reclamation Program. It also provides for the management and disposition of lands acquired by the state and establishes requirements for the redeposit of proceeds from the use or sale of land.

110. Land Eligible for Acquisition.

111. Land adversely affected by past coal mining practices may be acquired with moneys from the Account by the Division if, after notice and hearing, the Board finds that acquisition is necessary for successful reclamation and that:

111.100. The acquired land will serve recreation, historic, conservation, and reclamation purposes or provide open space benefits after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, and

111.200. Permanent facilities will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.

112. Coal refuse disposal sites and all coal refuse thereon may be acquired with moneys from the Account if, after notice and hearing, the Board finds that the acquisition of such land is necessary for successful reclamation and will serve the purposes of the Abandoned Mine Reclamation Program or that public ownership is desirable to meet an emergency situation and prevent recurrence of adverse effects of past coal mining practices.

113. Land or interests in land needed to fill voids, seal abandoned tunnels, shafts, and entry ways or reclaim surface impacts of underground or surface mines may be acquired by the Division if the Board finds that acquisition is necessary under R643-874-120 or R643-875-120.

114. The Division will acquire only such interests in the land as are necessary for the reclamation work planned or the post-reclamation use of the land. Interests in improvements on the lands, mineral rights, or associated water rights may be acquired if:

114.100. The customary practices and laws of the state will not allow severance of such interests from the surface estate; or

114.200. Such interests are necessary for the reclamation work planned or for the post-reclamation use of the land; and

114.300. Adequate written assurance cannot be obtained from the owner of the severed interest that future use of the severed interest will not be in conflict with the reclamation to be accomplished.

115. Title to all lands or interests in and acquired under R643-879 will be in the name of the state.

120. Procedures for Acquisition.

121. An appraisal of all land or interest in land to be acquired will be obtained by the Division. The appraisal will state the fair market value of the land as adversely affected by past mining and will otherwise conform to the requirements of the handbook on "Uniform Appraisal Standards for Federal Land Acquisition" (Interagency Land Acquisition Conference, 1973).

122. When practical, acquisition will be by purchase from a willing seller. The amount paid for interests acquired will reflect the fair market value of the interests as adversely affected by past mining.

123. When necessary, land or interest in land may be acquired by condemnation. Condemnation procedures will not be started until all reasonable efforts have been made to purchase the land or interests in lands from a willing seller.

124. The Division will comply, at a minimum, with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, U.S.C. 4601, et seq., and 41 CFR Parts 114-50.

130. Acceptance of Gifts of Land.

131. The Division and/or the Board, under an approved Reclamation Plan, may accept donations of title to land or interests in land.

132. Offers to make a gift of land or interest in land will be in writing and comply with state regulations for donations.

140. Management of Acquired Land.

141. Land acquired under R645-879 may be used for any lawful purpose that is consistent with the necessary reclamation activities. Procedures for collection of user charges or the waiver of such charges by the Board will be determined on the basis of the fair market value of the benefits granted to the user, charges for comparable uses within the surrounding area or the costs to the state for providing the benefit, whichever is appropriate. The fee may be waived if found in writing that such a waiver is in the public interest.

142. All use fees collected will be deposited in the Abandoned Mine Reclamation Account in accordance with R643-872.

150. Disposition of Reclaimed Land.

151. Prior to the disposition of any land acquired under R643-879, the Division will publish a notice of proposed land disposition, hold public hearings if requested, and make written findings in accordance with the authority contained in Section 40-10-27 of the Act.

152. The Division may transfer administrative responsibility for land acquired by the state to any state department or agency, with or without cost to the department or agency. The Division may transfer title for land acquired by the state to any agency or political subdivision of the state, with or without cost to that entity. The agreement under which a transfer is made will specify:

152.100. The purposes for which the land may be used, which will be consistent with the authorization under which the land was acquired; and

152.200. That the title or administrative responsibility for the land will revert to the Division if, at any time in the future, the Division finds that the land is not used for the purposes specified.

153. The Division and/or the Board may accept title for abandoned and unreclaimed land to be reclaimed and administered by the state. If the state transfers land to the United States under R643-879, the state will have a preference right to purchase such land after reclamation is completed. The price to be paid by the state will be the fair market value of the land in its reclaimed condition less any portion of the land acquisition price paid by the state.

154. The Division may sell land acquired and reclaimed under R643-879 to the local government within whose boundaries the land is located. The conditions of sale will be in accordance with the authorities contained in Section 40-10-27 of the Act.

155. Sale of Land.

155.100. The Division may sell land acquired under R643-879 by public sale if:

155.110. Such land is suitable for industrial, commercial, residential, or recreational development;

155.120. Such development is consistent with local, state, or federal land use plans for the area in which the land is located; and

155.130. If it is found that retention by the state or disposal under other paragraphs of R643-879, is not in the public interest.

155.200. Disposal procedures will be in accordance with Section 40-10-27 of the Act.

155.300. The Division may transfer title or administrative responsibility for land to cities, municipalities, or quasi-governmental bodies, provided that the Division provides for the reverter of the title or administrative responsibility if the land is no longer used for the purposes originally proposed.

156. All moneys received from disposal of land under R643-879 will be deposited in the Abandoned Mine Reclamation Account in accordance with R643-872.