Section 0400-44-01-.08 - LANDS ELIGIBLE FOR ACQUISITIONThe State of Tennessee may acquire any property which is adversely affected by past coal mining practices if the Commissioner of the Department of Environment and Conservation determines that acquisition of such land is necessary to successful reclamation and;
(1) That the acquired land will serve recreation, conservation or reclamation purposes; or(2) That permanent facilities such as a treatment plant or relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control or prevention of the adverse effects of past mining practices; or(3) That acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this part or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of coal mining practices; or(4) That the state may acquire property or accept property transferred by the Secretary of the Department of Interior if either is an integral and necessary element of an economically feasible plan for the project to construct or rehabilitate housing for persons disabled as the result of employment in the mines or work incidental thereto, persons displaced by acquisition of land, or persons dislocated as the result of adverse effects of coal mining practices which constitute an emergency, or persons dislocated as the result of natural disasters or catastrophic failures from any cause; or(5) That land or interests in land needed to fill voids, seal abandoned tunnels, shafts and entryways, or reclaim surface impacts of underground or surface mines may be acquired by the state by purchase, donation, or transfer if found that such interests in the land are necessary for reclamation work planned or the post reclamation use of the land.Tenn. Comp. R. & Regs. 0400-44-01-.08
Original rule filed April 9, 2013; effective July 8, 2013. Rule renumbered from0400-01-24.Authority: T.C.A. §§59-8-324 et seq. and 4-5-201 et seq.