reglab/housing_qa huggingface dataset:
AL Code § 9-16-103 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 3 - Surface Mining Control and Reclamation.|Section 9-16-103 - Alabama Surface Mining Fund.

Section 9-16-103Alabama Surface Mining Fund. (a) All sums received through the payment of fees, the forfeiture of bonds, the recovery of civil penalties or appropriations by the Legislature shall be placed in the State Treasury and credited to an open account designated as the Alabama Surface Mining Fund. This fund, which shall include the Alabama Surface Mining Reclamation Fund established by Act No. 551, 1975 Regular Session, shall be available to the regulatory authority for expenditure in the administration and enforcement of this article, and training, reclamation and research programs; provided, that the proceeds from the forfeiture of any bond shall be used to the extent required by law in completing reclamation and revegetation of the area with respect to which the bond applies. Any unencumbered and any unexpended balance of this fund remaining at the end of any fiscal year shall not lapse, but shall be carried forward for the purposes of this article until expended. (b) There is authorized to be appropriated to the Alabama Surface Mining Fund initially the current balance of the Alabama Surface Mining Reclamation Fund at the effective date of this article and such other sums as may thereafter be appropriated by the Legislature. (Acts 1981, No. 81-435, p. 682, §35.)
AL Code § 9-16-104 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 3 - Surface Mining Control and Reclamation.|Section 9-16-104 - Reimbursement and Funding.

Section 9-16-104Reimbursement and funding. The regulatory authority shall make every effort to obtain maximum reimbursement from the Director of the Office of Surface Mining Reclamation and Enforcement for the costs of performing its duties under this article. The regulatory authority is authorized to accept, administer and expend such funds or grants as it may receive, including such funds as may be appropriated by the Legislature. (Acts 1981, No. 81-435, p. 682, §36.)
AL Code § 9-16-105 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 3 - Surface Mining Control and Reclamation.|Section 9-16-105 - Constitutionality and Validity of Article.

Section 9-16-105Constitutionality and validity of article. (a) If Public Law 95-87, or any rule or regulation promulgated thereunder or any part of such Public Law 95-87, is adjudged unconstitutional or invalid for any reason, then such provisions of this article, or such rules or regulations as were adopted in order to comply with the provisions of Public Law 95-87 which correspond to such constitutional or invalid provisions shall become void and be of no further force and effect, and any regulations adopted by the commission implementing such provisions, or corresponding to any federal rules or regulations which are declared unconstitutional or invalid shall become void and be of no further force or effect. In the event Public Law 95-87 or any part thereof or any rule or regulation promulgated thereunder is enjoined, suspended or the enforcement thereof is stayed pending litigation, then the commission shall immediately suspend the enforcement of the corresponding section or sections of this article, or any rules and regulations promulgated hereunder; such suspension to exist for a period of time coextensive with the suspension and enforcement of such provisions of Public Law 95-87 or the rules or regulations adopted thereunder. In the event the Congress of the United States repeals any provision of Public Law 95-87 then any corresponding provision of this article shall upon such repeal be of no further force and effect; in the event the Congress of the United States amends Public Law 95-87 or the Secretary of the Interior amends any regulation adopted thereunder by lessening or in any way making the requirements of such act or regulations less restrictive on the state or on those engaged in the surface mining industry then such amendment shall be deemed to have amended this article in like manner, or, in the case of regulations, such modified regulation shall be adopted by the regulatory authority. (b) The State of Alabama, by any provision, part or all of this article, does not waive any rights and powers reserved to it by the Tenth Amendment to the Constitution of the United States, and this article shall not be interpreted so as to prevent the State of Alabama from protecting any and all of its rights and governmental powers through any legal action as might be determined by duly constituted officials of the State of Alabama. (Acts 1981, No. 81-435, p. 682, §37; Acts 1983, No. 83-774, p. 1415, §12.)
AL Code § 9-16-106 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 3 - Surface Mining Control and Reclamation.|Section 9-16-106 - Provisions Cumulative; Certain Laws Not Repealed.

Section 9-16-106Provisions cumulative; certain laws not repealed. This article is cumulative and is intended to preempt local, municipal, county and state regulation of surface coal mining operations and to supplement existing state law and no part hereof shall be construed to repeal or supersede an existing state law specifically enacted for the control, abatement or prevention of water or air pollution. The Alabama Surface Mining Act of 1969 (Act 399, Regular Session 1969) now appearing as Sections 9-16-1 through 9-16-15, is not repealed as to the regulation of the surface mining of clay, sand, gravel, ores, limestone, marble, dolomite, and other minerals. The Little River Canyon Preservation Acts, Act 227, H. 49 and Act 524, H. 1225 of the 1976 Regular Session (Acts of Alabama pages 243 and 669 respectively) are not repealed. All other laws or parts of laws which are inconsistent with this article are hereby repealed. (Acts 1981, No. 81-435, p. 682, §38.)
AL Code § 9-16-107 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 3 - Surface Mining Control and Reclamation.|Section 9-16-107 - Effective Date.

Section 9-16-107Effective date. This article shall become effective immediately upon: (1) Its passage and approval by the Governor, or upon its otherwise becoming a law; and (2) Upon the approval of the state regulatory program by the Secretary of Interior pursuant to Section 503 of P. L. 95-87, 30 U.S.C. §1253 (1977). However upon the passage and approval by the Governor of this article, or upon its otherwise becoming a law the Alabama Surface Mining Commission shall have the authority to promulgate those regulations necessary for the state to retain exclusive jurisdiction over the regulation of surface coal mining and reclamation operations pursuant to Section 503 of Public Law 95-87, 30 U.S.C. §1253 et seq. Any proceedings currently being taken or previously taken by the Alabama Surface Mining Reclamation Commission for the purpose of promulgating the necessary regulations shall be continued and considered actions of the reconstituted commission. (Acts 1981, No. 81-435, p. 682, §40.)
AL Code § 9-16-120 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 4 - Abandoned Mine Reclamation.|Section 9-16-120 - Legislative Intent.

Section 9-16-120Legislative intent. It is the express intent of this Legislature by the provisions of this article to provide for and implement a state program for abandoned mine reclamation which complies with the provisions of Title IV, Public Law 95-87 of the 95th U. S. Congress, known as the "Surface Mining Control and Reclamation Act of 1977". (Acts 1981, No. 81-210, p. 254, §1.)
AL Code § 9-16-121 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 4 - Abandoned Mine Reclamation.|Section 9-16-121 - Definitions.

Section 9-16-121Definitions. For the purpose of this article the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) ABANDONED MINE LANDS. Lands affected by the mining of coal prior to November 5, 1990, and left in either an unreclaimed or inadequately reclaimed condition, and for which there is no continuing reclamation responsibility required under state or federal law, and which continue in their present condition to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public. (2) DIRECTOR. The Secretary of Labor or his or her authorized agents or representatives. (3) FEDERAL ACT. Title IV, "Abandoned Mine Reclamation," of Public Law 95-87 of the 95th U. S. Congress. (4) FUND. State Abandoned Mine Reclamation Fund. (5) SECRETARY. The Secretary of the United States Department of Interior. (6) STATE RECLAMATION PROGRAM. The state program for abandoned mine reclamation provided for in this article. (Acts 1981, No. 81-210, p. 254, §2; Acts 1993, No. 93-542, p. 894, §1.)
AL Code § 9-16-122 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 4 - Abandoned Mine Reclamation.|Section 9-16-122 - Abandoned Mine Reclamation Fund.

Section 9-16-122Abandoned Mine Reclamation Fund. (a) There is hereby created in the State Treasury a special fund to be called the State Abandoned Mine Reclamation Fund which shall receive all state and federal appropriations, grants and donations, and all other moneys available for the purposes of this article, and such funds are hereby appropriated and made exclusively available to be used as provided by this article and for the purposes herein stated. All fund sources shall be separately accounted for. (b) Moneys in the fund may be used for the following purposes: (1) Reclamation and restoration of land and water resources adversely affected by past coal mining, including but not limited to reclamation and restoration of abandoned surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing and filling abandoned deep mine entries and voids, planting of land adversely affected by past coal mining to prevent erosion and sedimentation; prevention, abatement, treatment, and control of water pollution created by coal mine drainage including restoration of stream beds, and construction and operation of water treatment plants; prevention, abatement, and control of burning coal in situ; and prevention, abatement and control of coal mine subsidence; (2) Acquisition of land as provided for in this article. (3) Grants to accomplish the purposes of this article. (4) Administrative expenses of the department to accomplish the purposes of this article. (5) All other necessary expenses to accomplish the purpose of this article. The department is authorized to accept, administer and expend such funds or grants as it may receive, including such funds as may be appropriated by the Legislature. The director may transfer funds to other appropriate agencies in order to carry out the reclamation activities authorized by this article. (Acts 1981, No. 81-210, p. 254, §3.)
AL Code § 9-16-123 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 4 - Abandoned Mine Reclamation.|Section 9-16-123 - Reclamation Priorities.

Section 9-16-123Reclamation priorities. Expenditures of moneys from the fund on eligible lands and water shall reflect the following priorities in the order stated: (1) The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices; (2) The protection of public health, safety and general welfare from adverse effects of coal mining practices; (3) The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity. (4) Research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques; (5) The protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices; (6) The development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this article for recreation and historic purposes, conservation, and reclamation purposes and open space benefits. (Acts 1981, No. 81-210, p. 254, §4.)
AL Code § 9-16-124 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 4 - Abandoned Mine Reclamation.|Section 9-16-124 - Lands and Waters Eligible for Reclamation.

Section 9-16-124Lands and waters eligible for reclamation. For purposes of this article, lands and water eligible for reclamation or drainage abatement expenditures are those which were mined for coal or which were affected by the mining, wastebanks, coal processing, or other coal mining processes, and abandoned or left in an inadequate reclamation status prior to November 5, 1990, and for which there is no continuing reclamation responsibility under existing state or federal law. (Acts 1981, No. 81-210, p. 254, §5; Acts 1993, No. 93-542, p. 894, §1.)
AL Code § 9-16-126 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 4 - Abandoned Mine Reclamation.|Section 9-16-126 - Right of Entry.

Section 9-16-126Right of entry. (a) If the director makes a finding in writing with supporting facts that: (1) Land or water resources have been adversely affected by past coal mining practices; and (2) The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and (3) The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known, or readily available; or (4) The owners will not give permission for the state or its agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices. Then, upon giving notice by mail to the owners if known or if not known by posting notice upon the premises and advertising once in a newspaper of general circulation in the municipality in which the land lies, the director, his agents, employees, or contractors shall have the right to enter upon the property adversely affected by past coal mining practices and any other property to have access to such property to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry; provided, however, that this provision is not intended to create new rights of action or eliminate existing immunities. (b) The director, his agents, employees, or contractors shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor trespass thereon. (Acts 1981, No. 81-210, p. 254, §7.)
AL Code § 9-16-128 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 4 - Abandoned Mine Reclamation.|Section 9-16-128 - Landowners' Actions; Review by Director; Prior Right of Purchase; Review by Court.

Section 9-16-128Landowners' actions; review by director; prior right of purchase; review by court. (a) Any landowner adversely affected by the action of the director under Section 9-16-127 of this article may institute proceedings to have the action reviewed in the circuit court in the county where the property or a part thereof affected by the action is located, provided that such proceedings are filed in said court within 30 days following the date of such action. The court may grant such relief as it deems necessary, including but not limited to injunctive relief pending a hearing on the matter. (b) Any landowner who has received notice of acquisition from the director under Section 9-16-127 of this article may, within 15 days following such notice, make written application to the director for a review as to the actual need or advisability for such acquisition. The director shall hear the landowner's grievance within 15 days following the written application for a hearing and shall make a determination as to the need for such an acquisition and shall act accordingly. (c) Any landowner subject to condemnation proceedings for sale pursuant to Section 9-16-127 of this article shall retain all rights and remedies of law provided by Title 18 and other applicable federal and state laws governing condemnation proceedings and sale at public auction. Any such landowner, his heir, assign or personal representative shall have a prior right of purchase at fair market value or the lowest bid, whichever amount is greater, over any other purchaser at such public sale provided the lands are put to proper use consistent with a local state or federal land use plan, if any, for the area in which the land is located. (d) Any landowner subject to condemnation proceedings or sale pursuant to Section 9-16-127 of this article may institute proceedings to have the action reviewed in the circuit court in the county where the property or a part thereof affected by the action is located, provided that the complaint is filed in said court within 30 days following the date of such action. The court may grant such relief as it deems necessary, including but not limited to injunctive relief pending a hearing on the matter. (Acts 1981, No. 81-210, p. 254, §9.)
AL Code § 9-16-129 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 4 - Abandoned Mine Reclamation.|Section 9-16-129 - Property Subject to Lien; Statement by Director; Amount; Priority.

Section 9-16-129Property subject to lien; statement by director; amount; priority. (a) Within six months after the completion of projects to restore, reclaim, abate, control or prevent adverse effects of past coal mining practices on privately owned land, the director shall itemize the moneys so expended and may file a statement thereof in the probate judge's office of the county in which the land lies together with a notarized appraisal by a qualified independent appraiser of the value of the land before the restoration, reclamation, abatement, control or prevention of adverse effects of past coal mining practices if the moneys so expended shall result in a significant increase in property value. Such statement shall constitute a lien upon the said land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices. No lien shall be filed against the property of any person, in accordance with this section, who owned the surface prior to May 2, 1977, and who neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation performed hereunder. (b) Any owner of land subject to a lien imposed pursuant to this article may, within 60 days of the filing of the lien, file a petition in the circuit court of the county in which the land lies to determine the increase in the market value of the land as a result of the reclamation work. The amount determined by the court to be the increase in value of the premises shall constitute the amount of the lien and shall be recorded with the statement herein provided. Any party aggrieved by the decision may appeal as provided by law. (c) The lien provided in this section shall be entered in the probate judge's office in the county in which the land lies. Such statement shall constitute a lien upon the said land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land. Moneys derived from the satisfaction of liens shall be deposited in the Abandoned Mine Reclamation Fund. (Acts 1981, No. 81-210, p. 254, §10.)
AL Code § 9-16-130 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 4 - Abandoned Mine Reclamation.|Section 9-16-130 - Filling Voids, Sealing Tunnels, Shafts, Etc.

Section 9-16-130Filling voids, sealing tunnels, shafts, etc. (a) The Governor may request the Secretary of Interior to authorize the director to fill voids, seal open or abandoned tunnels, shafts, and entryways, and reclaim surface impacts of underground or surface mining of minerals other than coal which the secretary determines could endanger life and property, constitute a hazard to public health and safety, or degrade the environment. The director is authorized and required to carry out such work pursuant to the request therefor by the secretary. (b) Funds available for use in carrying out the purpose of this section shall be limited to those funds which must be allocated to the state under the provisions of subsection 402(g) of Public Law 95-87. (c) In those instances where mine waste piles are being reworked for conservation purposes, the incremental costs of disposing of the wastes from such operations by filling voids and sealing tunnels may be eligible for funding providing that the disposal of these wastes meet the purpose of this section. (d) The director, with the approval of the secretary, may acquire by purchase, donation, easement or otherwise such interest in land as he determines necessary to carry out the provisions of this section. (Acts 1981, No. 81-210, p. 254, §11.)
AL Code § 9-16-131 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 16 - Mineral Resources.|Article 4 - Abandoned Mine Reclamation.|Section 9-16-131 - Interagency Cooperation.

Section 9-16-131Interagency cooperation. All departments, boards, commissions and agencies of this state shall cooperate with the director by providing such available technical expertise, personnel, equipment, materials and supplies as may be required to implement and administer the provisions of this article. (Acts 1981, No. 81-210, p. 254, §12.)