La. Admin. Code tit. 43 § XV-8703

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-8703 - Eligible Lands and Water

A. Non-coal lands and water are eligible for reclamation if:

1. they were mined or affected by mining processes;

2. they were mined prior to August, 1977, and left or abandoned in either an unreclaimed or inadequately reclaimed condition;

3. all coal related reclamation has been accomplished;

4. there is no continuing responsibility for reclamation by the operator, permittee, or agent of the permittee under statutes of the state or federal government or the state as a result of bond forfeiture. Bond forfeiture will render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, additional monies from the fund may be sought;

5. the reclamation has been requested by the governor;

6. the reclamation is necessary for the protection of the public health and safety;

7. monies are allocated to the state for that specific purpose; and

8. the reclamation is necessary to restore land and water resources and the environment degraded by past mining.

La. Admin. Code tit. 43, § XV-8703

Promulgated by the Department of Natural Resources, Office of Conservation, LR 12:26 (January 1986).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:905.1-905.5.