Abandoned Mine Reclamation.

Ala. Code tit. 9, ch. 16, art. 4

in effect

Ala. Code § 9-16-120 Legislative Intent.

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.)

Ala. Code § 9-16-121 Definitions.

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.)

Ala. Code § 9-16-122 Abandoned Mine Reclamation Fund.

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.)

Ala. Code § 9-16-123 Reclamation Priorities.

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.)

Ala. Code § 9-16-124 Lands and Waters Eligible for Reclamation.

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.)

Ala. Code § 9-16-125 Reclamation Program.

9-16-125. Reclamation Program. (a) The Department of Labor, State Programs Division, shall establish and maintain a state reclamation program for abandoned mines which complies with Title IV of Public Law 95-87. The state reclamation program plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and the legal authority and programmatic capability to perform such work in conformance with the provisions of the federal act. (b) The director shall annually submit to the secretary, an application for the support of the state program and implementation of specific reclamation projects. Such requests shall include, but shall not be limited to: (1) A general description of each proposed project; (2) A priority evaluation of each proposed project; (3) A statement of the estimated benefits in such terms as: number of acres restored, miles of stream improved, acres of surface lands protected from subsidence, population protected from subsidence, air pollution, hazards of mine and coal refuse disposal area fires; (4) An estimate of the cost for each proposed project; (5) In the case of proposed research and demonstration projects, a description of the specific techniques to be evaluated or objective to be attained; (6) An identification of lands or interest therein to be acquired and the estimated cost; (7) In each year after the first in which a plan is filed, an inventory of each project funded under the previous year’s grant; which inventory shall include details of financial expenditures on such project together with a brief description of each such project; including project locations, landowner’s name, acreage, type of reclamation performed. (c) The costs for each proposed project shall include: actual construction costs, actual operation and maintenance costs of permanent facilities, planning and engineering costs, construction inspection costs, and other necessary administrative expenses. (d) The director shall make such reports on operations of the reclamation program as required by the secretary or by Congress. (e) The director shall at all times accept and consider comments regarding annual grant applications and the eligibility, priority ranking and selection of lands for reclamation. At least 30 days prior to the submission of each annual grant application to the Secretary of Interior, the director shall provide for a public hearing prior to the proposed submission date of the grant application and shall publish a notice in a newspaper of general circulation in the state which states that a hearing will be held, generally outlines the grant application and solicits comments regarding the application. A listing and identification of all projects included in the grant application shall be mailed to all persons who have requested written notification of the annual grant application and shall be available to any person upon request. At the public hearing for review of an annual grant application, any person may appear before the director and be heard on the record. The director may receive documentary or other evidence for inclusion in the record. The director shall fix a time for the closing of the record and may in his discretion receive such other comments or evidence as he deems appropriate after the public hearing and before the closing of the record. A copy of the record shall be included with the grant application to the Secretary of Interior. (Acts 1981, No. 81-210, p. 254, §6.)

Ala. Code § 9-16-126 Right of Entry.

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.)

Ala. Code § 9-16-127 Acquisition and Disposition of Lands.

9-16-127. Acquisition and Disposition of Lands. (a) The director, with the approval of the Secretary of Interior, may acquire title in the name of the state to any land or interest therein by purchase, donation, or condemnation if such land or interest is adversely affected by past coal mining practices and upon a determination that acquisition of such land is necessary to successful reclamation and that: (1) The acquired land after restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices will serve recreation and historical purposes, conservation and reclamation purposes or provide open space benefits; and (2) Permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices; or (3) Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purpose of this article or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices. (b) The director shall acquire only such land as is necessary for the reclamation work or the post reclamation use of the land and acquisition shall be limited by the scope of the project. The price paid for land acquired under this section shall reflect the fair market value of the land as adversely affected by past coal mining practices. (c) In addition to the authority to acquire land under subsection (a) of this section the director with the approval of the Secretary of Interior, is authorized to use money in the fund to acquire land by purchase, donation, or condemnation, and to reclaim and transfer acquired land to the state or to a political subdivision thereof, or to any person, firm, association, or corporation, if he determines that such 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 pursuant to this section, or persons dislocated as the result of adverse effects of coal mining practices which constitute an emergency as provided in Section 410 of Public Law 95-87 or persons dislocated as the result of natural disasters or catastrophic failures from any cause. Such activities shall be accomplished under such terms and conditions as the Secretary of Interior shall require, which may include transfers of land with or without monetary consideration: provided, that, to the extent that the consideration is below the fair market value of the land transferred, no portion of the difference between the fair market value and the consideration shall accrue as a profit to such persons, firm, association, or corporation. No part of the funds provided herein may be used to pay the actual construction costs of housing. The director, with approval of the Secretary of Interior, and with grants received for the purposes of this subsection may make grants and commitments for grants and may advance money under such terms and conditions as it may require to the state, or any department, agency, or instrumentality of the state, or any public body or nonprofit organization thereof. (d) Where land acquired is deemed to be suitable for industrial, commercial, residential, or recreational development, the director, with the approval of the Secretary of Interior, may sell after appropriate public notice such land by public sale under a system of competitive bidding, in accordance with such regulations as the director shall prescribe, at not less than fair market value, and the director is to insure that such lands are put to proper use consistent with local, state or federal land use plan, if any, for the area in which the land is located. The director, when requested and after appropriate notice, shall hold a public hearing in the county or counties or the appropriate subdivisions of the state in which lands acquired pursuant to this section are located. The hearings shall be held at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the lands after restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices. (e) The director, with the approval of the Secretary of Interior, may transfer the administrative responsibility for land acquired under this section to any state, regional or local agency, department or institution with or without cost, upon such terms as will insure that the use of the land is consistent with the authorization under which the land was acquired. (f) The director may receive grants from the Secretary of Interior when necessary to carry out provisions of this section. (Acts 1981, No. 81-210, p. 254, §8.)

Ala. Code § 9-16-128 Landowners’ Actions; Review by Director; Prior Right of Purchase; Review by Court.

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.)

Ala. Code § 9-16-129 Property Subject to Lien; Statement by Director; Amount; Priority.

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.)

Ala. Code § 9-16-130 Filling Voids, Sealing Tunnels, Shafts, Etc.

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.)

Ala. Code § 9-16-131 Interagency Cooperation.

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.)

Ala. Code § 9-16-132 Injunctions.

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.)

Ala. Code § 9-16-133 Powers of Director.

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.)

Ala. Code § 9-16-134 Insurance.

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.)

Ala. Code § 9-16-135 Special Abandoned Mine Reclamation Trust Fund; Deposit, Administration and Disbursal of Funds.

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.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026