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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 444

Effective - 28 Aug 1995 bottom

  444.810.  Powers of commission — abandoned mine reclamation fund created, purpose. — 1.  The commission may:

  (1)  Adopt and promulgate rules and regulations respecting the administration and enforcement of this law and in conformity therewith;

  (2)  Encourage and conduct investigations, research, experiments and demonstrations, and collect and disseminate information relating to surface coal mining and reclamation and conservation of lands and waters affected by surface coal mining;

  (3)  Examine and pass on all applications and plans and specifications submitted by the operator for the method of operation and for the reclamation and conservation of the area of land affected by the operation;

  (4)  Make investigations and inspections which are necessary to ensure compliance;

  (5)  Conduct hearings and administer oaths or affirmations and subpoena witnesses to the inquiry;

  (6)  Order the suspension or revocation of any permit, or the cessation of operations for failure to comply with any of the provisions of this law, rules and regulations, reclamation plans, permit conditions, or any order of the commission;

  (7)  Order forfeiture of any bond for failure to comply with any provisions of this law, rules or regulations, reclamation plans, permit conditions or any order of the commission;

  (8)  Cause to be instituted in any court of competent jurisdiction legal proceedings for injunction or other appropriate relief to enforce this law, rules and regulations, reclamation plans, permit conditions, or any order of the commission;

  (9)  Retain, employ, provide for, and compensate, within the limits of appropriations made for that purpose, such consultants, assistants, deputies, clerks, and other employees on full- or part-time basis as may be necessary to carry out the provisions of this law and prescribe the times at which they shall be appointed and their powers and duties; and when appropriate, contract for such professional or technical services as necessary;

  (10)  Study and develop plans for the reclamation of lands that have been mined prior to August 3, 1977, and those described in subsection 3 of section 444.915;

  (11)  Accept, receive and administer grants or other funds or gifts from public and private agencies and individuals, including the federal government, for the purpose of carrying out any of the functions of this law, including the reclamation of lands mined prior to August 3, 1977.  Funds received by the commission for the purpose of reclaiming lands mined prior to August 3, 1977, shall be deposited with the state treasurer and credited to the "Abandoned Mine Reclamation Fund" which is hereby created.  After appropriation by the general assembly, the money in this fund shall be expended for the purposes authorized.  Any portion of the fund not immediately needed for the purposes authorized shall be invested by the state treasurer as provided by the constitution and laws of this state.  All income from such investments shall, unless otherwise prohibited by the constitution of this state, be deposited in the abandoned mine land reclamation fund.  Any unexpended balance in such fund at the end of any appropriation period shall not be transferred to the general revenue fund of the state treasury and, accordingly, shall be exempt from the provisions of section 33.080.  The commission may promulgate such rules and regulations or enter into such contracts as it may deem necessary for carrying out the provisions of this subdivision;

  (12)  Budget and receive duly appropriated moneys for expenditures to carry out the provisions and purposes of this law;

  (13)  Prepare and file a biennial report with the governor and members of the general assembly;

  (14)  Enter into cooperative agreements with the appropriate federal officer or agency to provide for state regulation of surface coal mining and reclamation operations on federal lands within the state.

  2.  No rule or portion of a rule promulgated under the authority of sections 444.800 to 444.970 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

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(L. 1979 H.B. 459, A.L. 1983 S.B. 241, A.L. 1993 H.B. 312 & 257 merged with S.B. 52, A.L. 1995 S.B. 3)


---- end of effective   28 Aug 1995 ----

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