La. Admin. Code tit. 43 § XV-9103

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-9103 - Land Eligible for Acquisition

A. Land adversely affected by past coal mining practices may be acquired with monies from the fund by the office if, after notice and hearing, the office finds that acquisition is necessary for successful reclamation and that:

1. 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

2. 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.

B. Coal refuse disposal sites and all coal refuse thereon may be acquired with monies from the fund if, after notice and hearing, the office 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.

C. 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 office if the office finds that acquisition is necessary under §8505. A 2

D. The office shall 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:

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

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

3. 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.

E. Title to all lands or interests in and acquired under this Section shall be in the name of the state.

La. Admin. Code tit. 43, § XV-9103

Promulgated by the Department of Natural Resources, Office of Conservation, LR 12:26 (January 1986).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:905.1-905.5.