Abandoned mined lands refer to areas where coal mining occurred before August 3, 1977, and have not been reclaimed. These lands are considered abandoned because there is no ongoing responsibility for reclamation by any mine operator, permittee, or agent under state or federal law. This means that the state does not have a reclamation obligation due to bond forfeiture or other legal mechanisms.
This term is primarily used in environmental law and land management. It is relevant in discussions regarding land reclamation, environmental restoration, and public health. Legal practitioners may encounter issues related to abandoned mined lands when dealing with property rights, environmental regulations, and federal or state funding for reclamation projects. Users can often find legal forms and templates to assist with processes related to these lands through resources like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A former coal mining site in Pennsylvania that has not been reclaimed since operations ceased in the 1970s is classified as an abandoned mined land. Local authorities may seek federal funds to reclaim this land for public use.
Example 2: A hypothetical example could involve a mining company that operated in West Virginia and abandoned its site without fulfilling reclamation obligations, leading to environmental hazards that the state must address.
| State | Key Differences |
|---|---|
| Pennsylvania | Has specific state programs for reclamation funding and management of abandoned mined lands. |
| West Virginia | Offers state-level incentives for reclamation projects and has unique regulations governing abandoned mines. |
| Kentucky | Implements a separate regulatory framework for abandoned mine land reclamation distinct from federal guidelines. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Differences |
|---|---|---|
| Reclaimed mined lands | Areas where mining has occurred but have been restored to a usable state. | Reclaimed lands have undergone restoration, while abandoned mined lands have not. |
| Active mining lands | Current sites where mining operations are ongoing. | Active lands are in use, whereas abandoned lands are no longer operated. |
If you believe you are dealing with abandoned mined lands, consider the following steps:
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The process typically involves assessing the land, developing a reclamation plan, and securing funding, often from state or federal sources.