SECTION 155:15-1-9. Acquisition of land and water for reclamation

(a)   Land and/or water adversely affected by past coal mining practices may be acquired with moneys from the Fund if approved in advance by the Office. The Office shall find in writing that acquisition is necessary for successful reclamation and that the following conditions are met:

(1)   The acquired land and/or water will serve recreation, historic, conservation, and reclamation purposes, or provide open space benefits after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.

(2)   Permanent facilitieswill be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.

(b)   The Commission, if approved in advance by the Office, may acquire coal refuse disposal sites, including the coal refuse, with moneys from the Fund and with prior balance replacement funds.

(1)   Before the approval of the acquisition, the Commission will make a finding in writing that the acquisition is necessary for successful reclamation and will serve the purposes of the Commission's reclamation program.

(2)   Where an emergency situation exists and a written finding as set out in 155:15-1-7.1(e) has been made, the Commission may acquire lands where public ownership is necessary and will prevent recurrence of the adverse effects of past coal mining practices.

(c)   Land adversely affected by past coal mining practices may be acquired by the Commission if the acquisition is an integral and necessary element of an economically feasible plan or project to construct or rehabilitate housing which meets the specific requirements in section 407(h) of SMCRA.

(d)   The Commission when acquiring land shall acquire only such interests in the land as are necessary for the reclamation work planned or the postreclamation use of the land. Interests in improvements on the land, mineral rights, or associated water rights may be acquired if:

(1)   The customary practices and laws of Oklahoma in which the land is located will not allow severance of such interests from the surface estate; or

(2)   Such interests are necessary for the reclamation work planned or for the postconstruction use of the land; and

(3)   Adequate written assurances cannot be obtained from the owner of the severed interest that future use will not be in conflict with the reclamation to be accomplished.

[Source: Amended at 27 Ok Reg 2473, eff 8-2-10]