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designation of such area pursuant to Section 2790. If a (A) (i) Reclamation and restoration of abandoned I.J
<br /> developer has by his actions taken in reliance upon prior surface mined areas.
<br /> regulations obtained vested or other legal rights that in (ii) For purposes of this subparagraph, "abandoned 1
<br /> law would have prevented a local public agency from surface mined area" means mined lands that meet all of
<br /> changing .such regulations in a way adverse to his the following requirements:
<br /> interests, nothing in this chapter authorizes any (1) Mining operations have ceased for a period of one
<br /> governmental agency to abridge those rights. year or more. + 1
<br /> § 2793. The board may, by regulation adopted after (11)There is no interim management plan in effect that
<br /> a public hearing, terminate, partially or wholly, the meets the requirements of Section 2770.
<br /> designation of any area of statewide or regional . (III) There are no approved financial assurances that
<br /> significance on a finding that the direct involvement of are adequate to perform reclamation in accordance with
<br /> the board is no longer required. this chapter.
<br /> (IV) The mined lands are adversely affected by past
<br /> Article 7. Fiscal Provisions mineral mining, other than mining for coal, oil, and gas,
<br /> and mineral material mining.
<br /> § 2795. (a) Notwithstanding any other provision of (B) Reclamation and restoration of abandoned milling
<br /> law,the first two million dollars ($2,000,000) of moneys and processing areas.
<br /> from mining activities on federal lands disbursed by the (C) Sealing, filling, and grading abandoned deep mine
<br /> United States each fiscal year to this state pursuant to entries.
<br /> Section 35 of the Mineral Lands Leasing Act,as amended (D) Planting of land adversely affected by past mining
<br /> (30 U.S.C. Sec. 191), shall be deposited in the Surface to prevent erosion and sedimentation.
<br /> Mining and Reclamation Account in the General Fund, (E) Prevention, abatement, treatment, and control of
<br /> which account is hereby created, and may be expended, water pollution created by abandoned mine drainage..
<br /> upon appropriation by the Legislature,for the purposes of (F) Control of.surface subsidence due to abandoned
<br /> this chapter. However, if in any fiscal year, the amount deep mines.
<br /> of money disbursed to the state pursuant to Section 35 (G) The expenses necessary to accomplish the
<br /> of the Mineral Lands Leasing Act is less than twenty purposes of this section.
<br /> million dollars ($20,000,000), then only the.first one (3) To the extent those expenditures are allowed by
<br /> million one hundred thousand dollars 151,100,0001 of the applicable statutes:
<br /> that money shall be deposited in the Surface Mining and (A) Grants to lead agencies for the purposes of
<br /> Reclamation Account for the next fiscal year. carrying out this chapter.
<br /> (b) Proposed expenditures from the account shall be (B) Implementation of this chapter and Section 2207
<br /> included in a separate item in the Budget Bill for each by the department, which may include an offsetting
<br /> fiscal year for consideration by the Legislature. Each reduction in the amount of reporting fees collected from
<br /> appropriation from the account shall be subject to all of each active and idle mining operation and deposited in the
<br /> the limitations contained in the Budget Act and to all Mine Reclamation Account pursuant to subdivision (d) of
<br /> other fiscal procedures prescribed by law with respect to the Section 2207, as determined by the director.
<br /> the expenditure of state funds. (c) The Abandoned Mine Reclamation and Minerals
<br /> § 2796. (a) The Legislature hereby establishes a Fund shall be the depository for all moneys from mining
<br /> state abandoned minerals and mineral materials mine activities on federal lands, as follows:
<br /> reclamation program for the purpose of administering (1) (A) Disbursements made by the United States
<br /> funds received by the state under the Surface Mining each fiscal year to this state pursuant to Section 35 of the
<br /> Control and Reclamation Act of 1977, or through Mineral Lands Leasing Act (30 U.S.C. Sec. 191), with
<br /> amendments to the federal general mining laws (30 respect to royalties levied on the production of locatable
<br /> U.S.C. Secs. 1, 12A, 16, 161, and 162, and 602, et minerals or mineral concentrates from any mining claim
<br /> seq.). located on federal lands in the state pursuant to the
<br /> (b)There is hereby created in the State Treasury, the pending federal legislation amending the federal general
<br /> Abandoned Mine Reclamation and Minerals Fund. The mining laws, but excluding oil, gas, and geothermal
<br /> money in the fund may be expended, upon appropriation revenues.
<br /> by the Legislature, as required by federal legislation (B) The federal funds specified in this paragraph do
<br /> amending the federal general mining laws, and for the not include the funds deposited in the Surface Mining and f
<br /> following purposes: Reclamation Account pursuant to Section 2796,the funds
<br /> (1) Development of an inventory of reined lands, deposited in the Geothermal Resources Development
<br /> water, and facilities eligible for reclamation. Account pursuant to Section 3820,or the funds deposited
<br /> f (2) Establishment by the director of the abandoned in the State School Fund pursuant to Section 12320 of
<br /> I minerals and mineral materials mine reclamation program the Education Code.
<br /> pursuant to the pending federal legislation amending the (2) Grants made by the Secretary of the interior to
<br /> federal general mining laws, if enacted, that provides for this state from the Abandoned Minerals Mine Reclamation
<br /> all of the following: Fund pursuant to the pending federal legislation amending
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