reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-15 - Article Supplemental; Repeal of Conflicting Laws.

Section 9-16-15
Article supplemental; repeal of conflicting laws.
It is intended that this article shall supplement existing law regarding the inspection or regulation of mining, water pollution and water impoundment and that only provisions of such law which directly conflict with or are inconsistent with this article are hereby repealed to the extent of such conflict or inconsistency.
(Acts 1969, No. 399, p. 773, §16.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-70 - Short Title.

Section 9-16-70
Short title.
This article shall be known and may be cited as "The Alabama Surface Mining Control and Reclamation Act of 1981."
(Acts 1981, No. 81-435, p. 682, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-75 - Adoption of Rules Pursuant to Alabama Administrative Procedure Act; Written Notification of Commission's Rulemaking Activities.

Section 9-16-75
Adoption of rules pursuant to Alabama Administrative Procedure Act; written notification of commission's rulemaking activities.
In adopting, amending or repealing any rule, including any regulation or standard, the commission shall observe the requirements of the Alabama Administrative Procedure Act (Section 41-22-1 et seq.).
Any person may request written notification of the commission's rule-making activities by making such request in writing to the commission.
(Acts 1981, No. 81-435, p. 682, §6; Acts 1983, No. 83-774, p. 1415, §5; Acts 1990, No. 90-107, p. 129, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-76 - Conflict of Interest; Penalty.

Section 9-16-76
Conflict of interest; penalty.
No officer or employee of the commission performing any function or duty under this article, shall have a direct or indirect financial interest in underground or surface coal mining operations. Whoever knowingly violates the provisions of this section shall, upon conviction, be punished by a fine of not more than $2,500.00, or by imprisonment for not more than one year, or both, and shall relinquish his commission seat.
(Acts 1981, No. 81-435, p. 682, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-77 - Division of Hearings and Appeals.

Section 9-16-77
Division of Hearings and Appeals.
(a) There is created a Division of Hearings and Appeals within the Alabama Surface Mining Commission to enforce this article. The division shall have such powers and authority as required by law and as delegated by the director.
(b) The commission may hire or contract with hearing officers to hear and determine appeals from regulatory, enforcement, or other activities of the commission. A hearing officer shall be a member of and in good standing with the Alabama State Bar.
(c) No person shall serve as a hearing officer who has any direct or indirect financial interest in an underground or surface coal mining operation or who has been employed by or represented any coal mine operator within the previous 24 months.
(Acts 1981, No. 81-435, p. 682, §8; Act 2010-498, p. 768, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-78 - Hearing Officer; Powers; Witness Fees.

Section 9-16-78
Hearing officer; powers; witness fees.
(a) No hearing officer shall participate in a hearing if he or she has an interest therein. At any such hearing all testimony shall be given under oath and be recorded, but need not be transcribed unless an appeal is made.
(b) The manner in which hearings before hearing officers shall be presented and the conduct of hearings and appeals before hearing officers shall be in accordance with regulations prescribed by the regulatory authority.
(c) In the discharge of his or her duties under this article, any hearing officer shall have power to administer oaths, certify to official acts, take and cause to be taken depositions of witnesses, issue and serve subpoenas, compel the attendance of witnesses and the production of papers, books, accounts, payrolls, documents, records, and testimony, provide for site inspections or inspections of other operations. In the event of failure of any person to comply with any subpoena lawfully issued, or on the refusal of any witness to produce evidence or to testify as to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of any court of competent jurisdiction or of the judge thereof, upon the application of the hearing officer in the name of the Alabama Surface Mining Commission to compel obedience by proceedings for contempt. Witness fees and other expenses involved in the proceedings under this article shall be paid to the extent necessary at rates specified by the director. Such expenses shall be deemed a part of the expense of administering this chapter.
(d) There shall be no ex parte communications of any kind relating to commission business, or proposed or pending cases, by or with any hearing officer by any party or representative of any party, or by any employee or representative of the commission.
(Acts 1981, No. 81-435, p. 682, §9; Acts 1986, No. 86-106, p. 113, §3; Act 2010-498, p. 768, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-80 - Surface Mining Control and Reclamation Division - Creation; Director; Chief; Transfer of Books, Records, Powers, Rights, and Personnel.

Section 9-16-80
Surface Mining Control and Reclamation Division - Creation; director; chief; transfer of books, records, powers, rights, and personnel.
(a) There is hereby created a Division of Surface Mining Control and Reclamation within the Alabama Surface Mining Commission to enforce the provisions of this article. The division shall have such powers and authority as may be delegated by the director of the commission.
(b)(1) The director shall appoint a chief of the division and shall fix his compensation as an unclassified employee in the state Merit System.
(2) The chief shall be the chief executive officer of the division and shall administer in the name of the division that power and authority delegated to the division by the director. The chief may, with the approval of the director, establish such sections within the division as may be necessary to enforce this article and the rules, regulations and standards promulgated thereunder.
(c) Any books, records, equipment, facilities, notes, accounts receivable, bank accounts, contracts and all property of any kind, tangible or intangible, of the Alabama Surface Mining Reclamation Commission acquired or used in the administration of Article 2, Chapter 16, Title 9, shall be transferred to the reconstituted commission in such manner as the director of the commission deems appropriate. No suit, action, or other proceeding lawfully commenced by or against the Director of the Alabama Surface Mining Reclamation Commission or any other official, officer or employee of the State of Alabama in his official duties under Article 2, Chapter 16, Title 9 shall abate by reason of the taking effect of this article. All power, rights, and duties conferred upon the Alabama Surface Mining Reclamation Commission, its commissioners, director, employees or other officials by Article 2, Chapter 16, Title 9 shall be conferred upon the reconstituted commission as the director may delegate solely for the purposes of winding up, continuing to enforce as may be necessary and concluding all obligations, liabilities, duties, orders, litigation or any other business commenced or incurred under Article 2, Chapter 16, Title 9.
(d) All personnel employed by the Alabama Surface Mining Reclamation Commission shall be transferred to the Alabama Surface Mining Commission.
(Acts 1981, No. 81-435, p. 682, §12.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-86 - Permits - Revisions; Application; Revision or Modification by Authority.

Section 9-16-86
Permits - Revisions; application; revision or modification by authority.
(a)(1) During the term of the permit the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the regulatory authority.
(2) An application for a revision of a permit shall not be approved unless the regulatory authority finds that reclamation as required by this article can be accomplished under the revised reclamation plan. The revision shall be approved or disapproved within a period of time established by the regulatory authority's regulations. The regulatory authority shall establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, shall apply; provided, that any revisions which propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit.
(b) No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this article shall be made without the written approval of the regulatory authority.
(c) The regulatory authority shall within a time limit prescribed in regulations promulgated by the regulatory authority review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of such permit; provided, that such revision or modification shall be based upon a written finding and subject to notice and hearing requirements established by this article.
(Acts 1981, No. 81-435, p. 682, §18.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-87 - Permits - Coal Exploration.

Section 9-16-87
Permits - Coal exploration.
(a) Coal exploration operations including the removal of coal samples for testing, assaying or other associated non-commercial purposes which substantially disturb the natural land surface may be conducted after filing a notice of intention to explore, including a description of the exploration area, the period of proposed exploration and provisions for reclamation in accordance with Section 9-16-90.
(b) Information submitted to the regulatory authority pursuant to this section as confidential concerning trade secrets or privileged commercial or financial information which relates to the competitive rights of the person or entity intended to explore the described area shall not be available for public examination.
(c) Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of this section or regulations issued pursuant thereto shall be subject to the enforcement provisions of this article.
(d) No operator shall affect more than one-half acre in any one location or remove more than 250 tons of coal pursuant to an exploration permit without the specific written approval of the regulatory authority. The written approval may be conditioned upon specific performance standards, reclamation standards, and a reclamation bond as required by regulations promulgated hereunder.
(Acts 1981, No. 81-435, p. 682, §19; Acts 1983, No. 83-774, p. 1415, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-97 - Water Rights.

Section 9-16-97
Water rights.
(a) Nothing in this article shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation.
(b) The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from such surface coal mine operation.
(Acts 1981, No. 81-435, p. 682, §29.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-98 - Experimental Practices.

Section 9-16-98
Experimental practices.
In order to encourage advances in mining and reclamation practices or to allow post-mining land use for industrial, commercial, residential, or public use (including recreational facilities), the regulatory authority with approval by the Secretary of Interior may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under Sections 9-16-90 and 9-16-91 of this article. Such departures may be authorized if (i) the experimental practices are potentially more or at least as environmentally protective, during and after mining operations, as those required by promulgated standards; (ii) the mining operations approved for particular land use or other purposes are no larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; and (iii) the experimental practices do not reduce the protection afforded public health and safety below that provided by promulgated standards.
(Acts 1981, No. 81-435, p. 682, §30.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-99 - Surface Mining Operations Not Subject to This Article.

Section 9-16-99
Surface mining operations not subject to this article.
The provisions of this article shall not apply to any of the following activities:
(1) The extraction of coal by a landowner for his own noncommercial use from land owned or leased by him;
(2) For surface mining operations affecting two acres or less, the regulatory authority may waive certain requirements of this article where those requirements will not affect the reclamation of the affected lands;
(3) The extraction of coal as an incidental part of federal, state or local government-financed highway or other construction under regulations established by the regulatory authority;
(4) The extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent of the tonnage of minerals removed for commercial use or sale pursuant to regulations established by the regulatory authority.
(Acts 1981, No. 81-435, p. 682, §31; Acts 1983, No. 83-774, p. 1415, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-100 - Confidentiality of Records.

Section 9-16-100
Confidentiality of records.
Any record, report or information required to be submitted to the regulatory authority by a licensee or permittee pursuant to this article shall be available to the public, except as provided elsewhere in this article and except that upon a verified representation to the regulatory authority by an applicant, licensee or permittee that a record, report or information, or particular part thereof, to which the regulatory authority has access under this article, if made public, would divulge production or financial data or methods, processes or production unique to the person or would otherwise tend to affect adversely the competitive position of the person, the regulatory authority shall treat the record, report or information or particular portion thereof as confidential in the administration of this article.
(Acts 1981, No. 81-435, p. 682, §32.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-101 - Leases of Certain Lands.

Section 9-16-101
Leases of certain lands.
The regulatory authority is hereby vested with the authority and responsibility for consulting with all institutions of this state which own lands or mineral interests relating to all coal leases proposed to be entered into by such institutions. The regulatory authority is hereby designated as the agency of the State of Alabama for reviewing and approving such coal leases. Upon submission of any such proposed lease, the regulatory authority shall, within 45 days, by order approve or disapprove such proposed lease; upon failure of the regulatory authority to act within such time, such lease shall be conclusively presumed approved. In any case in which the regulatory authority refuses to approve the execution of such a lease, the proposed lessee may demand a hearing before a hearing officer pursuant to the provisions of Section 9-16-78 and 9-16-79 of this article with all rights of appeal as set forth.
(Acts 1981, No. 81-435, p. 682, §33.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-102 - Reports of Certain Coal Sales.

Section 9-16-102
Reports of certain coal sales.
Any person engaged in the business of coal brokering or operating a coal sales agency in the State of Alabama and each and every person, corporation or other legal entity operating an electric system for the sale of electric energy for resale, sale to the public or sale to its members and each and every industrial purchaser of coal in the State of Alabama shall report, on a form to be furnished by the regulatory authority, at intervals of not less than 60 days, the name, address, license number and permit number of the producer of all coal purchased by it since its last reporting period. In the event that any person named in the preceding sentence purchases coal mined outside of the State of Alabama, such facts shall be so noted on the form described above. Failure of the persons described in this section to render such reports shall constitute a misdemeanor punishable by fine of not more than $5,000.00; provided, that prior to instituting any such action, the regulatory authority, in the case of a first offense only, shall notify such person by certified or registered mail of the failure to comply with this provision of this article and shall afford such person not more than 10 days to furnish such report. Officers, employees and agents of the regulatory authority shall be permitted to inspect the records and books of the persons specified above to determine the accuracy of such reports, such inspection to take place at reasonable times. In no event shall the regulatory authority require disclosure of the amounts of any purchase or the purchase price paid for such coal or of any information other than that set forth above, except by specific subpoena in preparation for hearing or other enforcement action.
(Acts 1981, No. 81-435, p. 682, §34.)
2023 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 9-16-103
Alabama 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.)
2023 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 9-16-104
Reimbursement 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.)
2023 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 9-16-105
Constitutionality 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.)
2023 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 9-16-106
Provisions 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.)
2023 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 9-16-107
Effective 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.)
2023 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 9-16-120
Legislative 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.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-121 - Definitions.

Section 9-16-121
Definitions.
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.)
2023 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 9-16-122
Abandoned 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.)
2023 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 9-16-123
Reclamation 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.)
2023 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 9-16-124
Lands 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.)
2023 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 9-16-126
Right 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.)
2023 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 9-16-128
Landowners' 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.)
2023 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 9-16-129
Property 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.)
2023 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 9-16-130
Filling 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.)
2023 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 9-16-131
Interagency 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.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-132 - Injunctions.

Section 9-16-132
Injunctions.
(a) The director may request the Attorney General, who is hereby authorized to initiate, in addition to any other remedies provided for in this article, in any court of competent jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provided in this article.
(b) In any action brought pursuant to this section, the court may in its discretion award to the prevailing party the costs and expenses of litigation (including reasonable attorney fees).
(Acts 1981, No. 81-210, p. 254, §13.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-133 - Powers of Director.

Section 9-16-133
Powers of director.
It shall be the duty of the director to administer the provisions of this article and he shall have the power and authority to:
(1) Engage in all activities and to do all things necessary and expedient to the implementation and administration thereof;
(2) Engage in cooperative agreements and projects provided for under this article with any agency of this state, the United States or any other state and their governmental agencies.
(Acts 1981, No. 81-210, p. 254, §14.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-134 - Insurance.

Section 9-16-134
Insurance.
The department shall have workers' compensation on all employees operating under this article in the amount prescribed by the workers' compensation laws of Alabama and shall carry general liability insurance in an amount to assure adequate protection for lawful acts by the director, his agents and employees in administering this article.
(Acts 1981, No. 81-210, p. 254, §15.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-135 - Special Abandoned Mine Reclamation Trust Fund; Deposit, Administration and Disbursal of Funds.

Section 9-16-135
Special Abandoned Mine Reclamation Trust Fund; deposit, administration and disbursal of funds.
There is hereby created in the State Treasury a Special Abandoned Mine Reclamation Trust Fund to receive and retain up to 30 percent of the appropriated funds granted annually by the Secretary of the U.S. Department of Interior for the reclamation of abandoned mine lands in Alabama. All moneys so deposited by the Secretary of the Department of Labor shall accrue interest, and together with all interest earned, shall be available for expenditure by the Secretary of the Department of Labor after August 3, 1992, solely to accomplish the purposes set forth in Section 9-16-122(b). All moneys in this fund shall be deposited, administered and disbursed in the same manner and under the same conditions and requirements as provided by law for other special trust funds in the State Treasury. Moneys in this special trust fund shall be separately accounted for and continuously available to the Secretary of the Department of Labor for expenditure as herein provided and shall not lapse at any time.
(Acts 1989, No. 89-855, p. 1705, §1; Act 2021-6, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 1 - Conservation and Regulation of Production. › Section 9-17-2 - Declaration of Public Policy; Purpose of Article.

Section 9-17-2
Declaration of public policy; purpose of article.
The prevention of waste of oil and gas and the protection of correlative rights are declared to be in the public interest. The purpose of this article is to prevent such waste and to protect correlative rights.
(Acts 1945, No. 1, p. 1, §1; Acts 1969, No. 1033, p. 1916, §1.)