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https://law.justia.com/codes/alabama/title-9/chapter-15/article-2/section-9-15-43/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc.›Section 9-15-43 - Sales of School Lands - Disposition of Revenues From Sales. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-43 - Sales of School Lands - Disposition of Revenues From Sales. | Section 9-15-43
Sales of school lands - Disposition of revenues from sales.
Any revenue derived from the sale of school lands shall be paid by the Commissioner of Conservation and Natural Resources to the Treasurer to be deposited to the proper township or townships as provided for by the Constitution and laws of Alaba... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-2/section-9-15-44/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc.›Section 9-15-44 - Exchanges of School Lands. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-44 - Exchanges of School Lands. | Section 9-15-44
Exchanges of school lands.
The Commissioner of Conservation and Natural Resources is hereby authorized to exchange school lands for other lands of equal value, with the approval of the Governor and the State Superintendent of Education. The Commissioner of Conservation and Natural Resources shall have t... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-2/section-9-15-45/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc.›Section 9-15-45 - Leases, Exchanges or Sales of Swamp and Overflowed Lands. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-45 - Leases, Exchanges or Sales of Swamp and Overflowed Lands. | Section 9-15-45
Leases, exchanges or sales of swamp and overflowed lands.
Swamp and overflowed lands may be leased, exchanged or sold by the Commissioner of Conservation and Natural Resources with the approval of the State Department of Mental Health.
(Acts 1939, No. 581, p. 949, §14; Code 1940, T. 8, §246.) |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-2/section-9-15-46/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc.›Section 9-15-46 - Issuance of Patents to Purchasers of Swamp and Overflowed Lands. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-46 - Issuance of Patents to Purchasers of Swamp and Overflowed Lands. | Section 9-15-46
Issuance of patents to purchasers of swamp and overflowed lands.
All persons purchasing said lands shall be entitled to a patent to said lands, and the Governor of Alabama, when presented with the approval of the Commissioner of Conservation and Natural Resources and State Department of Mental Health, s... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-2/section-9-15-47/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc.›Section 9-15-47 - Disposition of Revenue From Sales, etc., of Swamp and Overflowed Lands. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-47 - Disposition of Revenue From Sales, etc., of Swamp and Overflowed Lands. | Section 9-15-47
Disposition of revenue from sales, etc., of swamp and overflowed lands.
Any revenue derived from the sale or adjustment of any swamp and overflowed lands as provided in this article shall be paid by the Commissioner of Conservation and Natural Resources to the State Department of Mental Health.
(Acts 19... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-2/section-9-15-48/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc.›Section 9-15-48 - Claims of Title to Swamp and Overflowed Lands. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-48 - Claims of Title to Swamp and Overflowed Lands. | Section 9-15-48
Claims of title to swamp and overflowed lands.
All persons claiming title to any swamp and overflowed lands in this state under any alleged purchase or through any chain of title may submit their claims to the Commissioner of Conservation and Natural Resources together with such evidence of purchase or ... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-2/section-9-15-49/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc.›Section 9-15-49 - Corrections of Errors in Records Pertaining to School or Swamp and Overflowed L... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-49 - Corrections of Errors in Records Pertaining to School or Swamp and Overflowed Lands - When Required. | Section 9-15-49
Corrections of errors in records pertaining to school or swamp and overflowed lands - When required.
For the purpose of facilitating the management and supervision of school lands and swamp and overflowed lands, upon the submission to the Secretary of State of legal and effective proof of any error or m... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-2/section-9-15-50/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc.›Section 9-15-50 - Corrections of Errors in Records Pertaining to School or Swamp and Overflowed L... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-50 - Corrections of Errors in Records Pertaining to School or Swamp and Overflowed Lands - File of Proof Submitted. | Section 9-15-50
Corrections of errors in records pertaining to school or swamp and overflowed lands - File of proof submitted.
The Secretary of State shall maintain a file in his office where he shall keep copies of the proof submitted for the correction of errors or mistakes as provided for in this article.
(Acts 1939... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-2/section-9-15-51/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc.›Section 9-15-51 - Corrections of Errors in Records Pertaining to School or Swamp and Overflowed L... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-51 - Corrections of Errors in Records Pertaining to School or Swamp and Overflowed Lands - Certifications of Corrected Records. | Section 9-15-51
Corrections of errors in records pertaining to school or swamp and overflowed lands - Certifications of corrected records.
After the correction of any error or mistake in any record which pertains to such lands, the Secretary of State, in any subsequent certification of a corrected record, shall certify... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-2/section-9-15-52/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc.›Section 9-15-52 - Sale or Leasing of Sand or Gravel on Public Water Bottoms and Certain State Lan... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-52 - Sale or Leasing of Sand or Gravel on Public Water Bottoms and Certain State Lands - Negotiation, Consummation and Administr... | Section 9-15-52
Sale or leasing of sand or gravel on public water bottoms and certain state lands - Negotiation, consummation and administration of contracts, leases, etc.
All contracts, leases, and agreements for the sale of sand and gravel from the lands of the state which are not owned, occupied, or held in trust by... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-2/section-9-15-53/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc.›Section 9-15-53 - Sale or Leasing of Sand or Gravel on Public Water Bottoms and Certain State Lan... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-53 - Sale or Leasing of Sand or Gravel on Public Water Bottoms and Certain State Lands - Disposition and Expenditure of Revenues... | Section 9-15-53
Sale or leasing of sand or gravel on public water bottoms and certain state lands - Disposition and expenditure of revenues.
The revenues, including royalties, derived from the sale of sand and gravel or from leases for the purposes of the removal of sand and gravel from the public water bottoms of the ... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-2/section-9-15-54/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc.›Section 9-15-54 - Release of Sand for Use in Beach Project. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-54 - Release of Sand for Use in Beach Project. | Section 9-15-54
Release of sand for use in beach project.
Notwithstanding any other provision of this title, in the event a beach project to be undertaken by a coastal municipality as permitted by the Commissioner of the Department of Conservation and Natural Resources pursuant to Section 9-15-56 requires the use of sa... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-2/section-9-15-55/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc.›Section 9-15-55 - Retention by State of Title to Certain Filled Lands; Rights of Access. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-55 - Retention by State of Title to Certain Filled Lands; Rights of Access. | Section 9-15-55
Retention by state of title to certain filled lands; rights of access.
(a) The state shall retain title to any lands of the state lying seaward of the mean high tide line that are filled in the course of a beach project undertaken by a coastal municipality pursuant to Article 11 of Chapter 47 of Title 1... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-2/section-9-15-56/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc.›Section 9-15-56 - Application for Beach Project; Issuance of Permit. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 2 - Administration of School Lands, Swamp and Overflowed Lands, Etc. › Section 9-15-56 - Application for Beach Project; Issuance of Permit. | Section 9-15-56
Application for beach project; issuance of permit.
(a) Upon application by a coastal municipality, the Commissioner of the Department of Conservation and Natural Resources, acting through the Lands Division of the department, shall issue a permit for the construction and maintenance of a beach project b... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-3/section-9-15-70/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 3 - Sale or Lease of Certain Real Property by State.›Section 9-15-70 - Applicability; Reservation of Rights. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-70 - Applicability; Reservation of Rights. | Section 9-15-70
Applicability; reservation of rights.
This article applies to all real property and interests therein owned by the State of Alabama and the departments, boards, bureaus, commissions, institutions, corporations, and agencies of the state with the exception of those sales, transfers, and reversions set ou... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-3/section-9-15-71/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 3 - Sale or Lease of Certain Real Property by State.›Section 9-15-71 - Real Property Owned by State to Be Sold or Leased by Auction or Sealed Bids. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-71 - Real Property Owned by State to Be Sold or Leased by Auction or Sealed Bids. | Section 9-15-71
Real property owned by state to be sold or leased by auction or sealed bids.
All sales and leases made by, or on behalf of, the State of Alabama, or any department, board, bureau, commission, institution, corporation, or agency, of real property or any interest therein owned by the State of Alabama havi... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-3/section-9-15-72/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 3 - Sale or Lease of Certain Real Property by State.›Section 9-15-72 - Lands Division Responsible for Selling or Leasing Property. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-72 - Lands Division Responsible for Selling or Leasing Property. | Section 9-15-72
Lands Division responsible for selling or leasing property.
Each department, board, bureau, commission, institution, corporation, or agency which holds real property shall notify the Lands Division of the state Department of Conservation and Natural Resources of its desire and intention to sell or lease... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-3/section-9-15-73/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 3 - Sale or Lease of Certain Real Property by State.›Section 9-15-73 - Appraisal. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-73 - Appraisal. | Section 9-15-73
Appraisal.
The Lands Division shall have the real property or the interests in the real property appraised by a real estate appraiser selected by the Lands Division who is licensed by the State Board of Appraisers prior to the advertisement of the sale of the property. If the Lands Division is not satis... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-3/section-9-15-74/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 3 - Sale or Lease of Certain Real Property by State.›Section 9-15-74 - Minimum Amount at Which Property May Be Sold or Leased; Determination as to Sellin... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-74 - Minimum Amount at Which Property May Be Sold or Leased; Determination as to Selling or Leasing; Acceptance or Rejection of Bids; Determinat... | Section 9-15-74
Minimum amount at which property may be sold or leased; determination as to selling or leasing; acceptance or rejection of bids; determination as to whether sale be by auction or bids.
After obtaining an appraisal on the real property and consulting with the chief executive officer of the department, bo... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-3/section-9-15-75/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 3 - Sale or Lease of Certain Real Property by State.›Section 9-15-75 - Advertising. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-75 - Advertising. | Section 9-15-75
Advertising.
Every proposal to make a sale or lease under this article shall be advertised for at least once a week for four weeks in advance of the date fixed for receiving bids or public auction. The advertisement shall appear at least once a week for four consecutive weeks in a newspaper of general c... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-3/section-9-15-76/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 3 - Sale or Lease of Certain Real Property by State.›Section 9-15-76 - Binders. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-76 - Binders. | Section 9-15-76
Binders.
Each person or corporation submitting a bid on real property or an interest therein to be sold or leased by the State of Alabama under this article shall present with his or her bid, payable to the Lands Division of the state Department of Conservation and Natural Resources, a certified check o... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-3/section-9-15-77/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 3 - Sale or Lease of Certain Real Property by State.›Section 9-15-77 - Payment of Expenses by Department, Board, Bureau, etc., Selling or Leasing Propert... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-77 - Payment of Expenses by Department, Board, Bureau, etc., Selling or Leasing Property; Payment of Fee to Lands Division. | Section 9-15-77
Payment of expenses by department, board, bureau, etc., selling or leasing property; payment of fee to Lands Division.
The expenses of the appraisal and contemplated sale or lease shall be paid by the department, board, bureau, commission, institution, corporation, or agency offering the property for sa... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-3/section-9-15-78/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 3 - Sale or Lease of Certain Real Property by State.›Section 9-15-78 - Bids to Be Publicly Taken by Director; Notice; Bids to Become Public Record. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-78 - Bids to Be Publicly Taken by Director; Notice; Bids to Become Public Record. | Section 9-15-78
Bids to be publicly taken by director; notice; bids to become public record.
The bids shall be publicly taken or opened in Montgomery or such other place as may be designated by the Lands Division, in case of sealed bids, by the Director of the Lands Division of the state Department of Conservation and ... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-3/section-9-15-79/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 3 - Sale or Lease of Certain Real Property by State.›Section 9-15-79 - Negotiation Where No Bids Received or Bids Rejected; No Sale or Lease at Price Les... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-79 - Negotiation Where No Bids Received or Bids Rejected; No Sale or Lease at Price Less Than Highest Bid or Minimum; Payment; Closing. | Section 9-15-79
Negotiation where no bids received or bids rejected; no sale or lease at price less than highest bid or minimum; payment; closing.
In the event no bids are received or all the bids are rejected by the chief executive officer of the department, board, bureau, commission, institution, corporation, or agen... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-3/section-9-15-80/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 3 - Sale or Lease of Certain Real Property by State.›Section 9-15-80 - Certain Persons Prohibited From Bidding on or Purchasing Property. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-80 - Certain Persons Prohibited From Bidding on or Purchasing Property. | Section 9-15-80
Certain persons prohibited from bidding on or purchasing property.
Officers and employees of the department selling or leasing the real property and officers and employees of the Department of Conservation and Natural Resources, as well as members of their families, shall be excluded from bidding on the... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-3/section-9-15-81/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 3 - Sale or Lease of Certain Real Property by State.›Section 9-15-81 - Criminal and Civil Actions and Penalties for Violations of Article. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-81 - Criminal and Civil Actions and Penalties for Violations of Article. | Section 9-15-81
Criminal and civil actions and penalties for violations of article.
Any sale or lease of real property or any interest therein of the state made in violation of this article shall be null and void, and the person or persons violating this article shall be subject to criminal prosecution by the Attorney ... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-3/section-9-15-82/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 3 - Sale or Lease of Certain Real Property by State.›Section 9-15-82 - Article Not to Apply to Certain Transfers, Reversions, Sales, Etc. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-82 - Article Not to Apply to Certain Transfers, Reversions, Sales, Etc. | Section 9-15-82
Article not to apply to certain transfers, reversions, sales, etc.
(a) This article shall not apply to the transfers of real property between departments, boards, bureaus, commissions, institutions, corporations, or agencies of the state. These transfers may be made by mutual agreements between the chie... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-3/section-9-15-83/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 3 - Sale or Lease of Certain Real Property by State.›Section 9-15-83 - Proceeds From Sale to Be Deposited to Credit of Fund of State Entity. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-83 - Proceeds From Sale to Be Deposited to Credit of Fund of State Entity. | Section 9-15-83
Proceeds from sale to be deposited to credit of fund of state entity.
Whenever any real property is sold or leased under this article, the proceeds from the sale, less the expenses of the sale or lease, shall be deposited to the credit of the fund of the state department, commission, board, bureau, inst... |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-3/section-9-15-84/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 3 - Sale or Lease of Certain Real Property by State.›Section 9-15-84 - Promulgation of Rules and Regulations. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 3 - Sale or Lease of Certain Real Property by State. › Section 9-15-84 - Promulgation of Rules and Regulations. | Section 9-15-84
Promulgation of rules and regulations.
The Lands Division is authorized to promulgate such rules and regulations as may be necessary to implement the provisions of this article.
(Acts 1995, No. 95-280, p. 507, §15.) |
https://law.justia.com/codes/alabama/title-9/chapter-15/article-4/section-9-15-100/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 15 - Public Lands.›Article 4 - Disclosure of Information Concerning Purchase of Real Property With Public Funds.›Section 9-15-100 - Disclosure Requirements. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 15 - Public Lands. › Article 4 - Disclosure of Information Concerning Purchase of Real Property With Public Funds. › Section 9-15-100 - Disclosure Requirements. | Section 9-15-100
Disclosure requirements.
(a) The state, a county, a municipality, any other governmental entity, or any quasi-governmental entity, following the purchase of any real property with public funds for any reason, shall disclose information concerning the purchase within 60 days following the purchase. If t... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-1 - Short Title. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-1 - Short Title. | Section 9-16-1
Short title.
This article shall be known and may be cited as the "Alabama Surface Mining Act of 1969."
(Acts 1969, No. 399, p. 773, §1.) |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-1-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-1.1 - Legislative Findings. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-1.1 - Legislative Findings. | Section 9-16-1.1
Legislative findings.
(a) The Alabama Legislature has found and determined the following:
(1) A 1991 United States Department of the Interior audit report warned that the Non-Fuel Minerals Mining Law of Alabama is outdated and that mine operators are deliberately laying waste to mined land rather than ... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-2 - Definitions. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-2 - Definitions. | Section 9-16-2
Definitions.
Unless clearly indicated otherwise by the context, as used in this article, the following terms have the following meanings:
(1) AFFECTED LAND. The area of land from which overburden has been removed or upon which overburden has been deposited after October 1, 1970.
(2) CONTEMPORANEOUS. Occu... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-3 - Purpose of Article. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-3 - Purpose of Article. | Section 9-16-3
Purpose of article.
The objective of this article is to provide for the safe and reasonable reclamation of lands upon which surface disturbances will be created by certain types of surface mining so as to protect the taxable value of property and preserve natural resources within the state and to protect... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-4 - Permit for Engaging in Surface Mining Operations - Required; Exemptions; Applicabil... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-4 - Permit for Engaging in Surface Mining Operations - Required; Exemptions; Applicability. | Section 9-16-4
Permit for engaging in surface mining operations - Required; exemptions; applicability.
(a) No operator shall engage in any surface mining, as defined in this article, after October 1, 1970, without a valid permit from the department to engage in the surface mining. A separate permit shall be required fo... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-5 - Permit for Engaging in Surface Mining Operations - Application; Issuance. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-5 - Permit for Engaging in Surface Mining Operations - Application; Issuance. | Section 9-16-5
Permit for engaging in surface mining operations - Application; issuance.
(a) Any operator desiring a permit shall file an application with the department upon a form furnished by the department containing all of the following:
(1) A brief description of the tract or tracts of land and the estimated numb... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-6 - Permit for Engaging in Surface Mining Operations - Amendments. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-6 - Permit for Engaging in Surface Mining Operations - Amendments. | Section 9-16-6
Permit for engaging in surface mining operations - Amendments.
(a) An operator desiring to amend a permit issued to him to include additional land may file an amended application with the department. Upon receipt of the amended application, such increase in the bond or surety as may be required under the... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-7 - Duties of Operators. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-7 - Duties of Operators. | Section 9-16-7
Duties of operators.
(a) Every operator to whom a permit is issued pursuant to this article and who engages in surface mining on lands described in the permit shall:
(1) Submit to the department, no later than 90 days after expiration of the permit period, a map or aerial photograph showing the location ... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-8 - Bonds, Cash Deposits, or Securities Deposits of Operators. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-8 - Bonds, Cash Deposits, or Securities Deposits of Operators. | Section 9-16-8
Bonds, cash deposits, or securities deposits of operators.
(a)(1) Any bond provided in this article to be filed with the department by the operator shall be in the form as the secretary prescribes, payable to the State of Alabama and conditioned that the operator shall faithfully perform all applicable r... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-9 - Right of Entry Upon Lands for Inspections as to Compliance With Provisions of Artic... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-9 - Right of Entry Upon Lands for Inspections as to Compliance With Provisions of Article. | Section 9-16-9
Right of entry upon lands for inspections as to compliance with provisions of article.
Inspectors of the department may enter upon the lands of the landowner at any reasonable time for the purpose of inspection to determine whether the provisions of this article have been complied with.
(Acts 1969, No. 3... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-10 - Enforcement of Provisions of Article - Written Notices of Violations; Hearings; En... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-10 - Enforcement of Provisions of Article - Written Notices of Violations; Hearings; Entry of Orders by Director; Appeals From Orders of Director. | Section 9-16-10
Enforcement of provisions of article - Written notices of violations; hearings; entry of orders by director; appeals from orders of director.
(a) Whenever the director determines that any operator has not complied with the provisions of this article and is therefore in violation of this article, the dir... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-11 - Enforcement of Provisions of Article - Institution of Civil Action for Enforcement... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-11 - Enforcement of Provisions of Article - Institution of Civil Action for Enforcement of Final Order of Director; Engaging in Surface Mining Without... | Section 9-16-11
Enforcement of provisions of article - Institution of civil action for enforcement of final order of director; engaging in surface mining without valid permit; willful misrepresentations, etc., in applications; rights of exception and appeal.
(a) Should the director determine that any final order or det... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-12 - Disposition of Fees and Penalties. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-12 - Disposition of Fees and Penalties. | Section 9-16-12
Disposition of fees and penalties.
(a) All fees and penalties collected under the provisions of this article shall be deposited in the General Fund of the State Treasury.
(b) All funds received from the forfeiture of bonds, sureties, cash, or governmental securities shall be placed in the State Treasury... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-13/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-13 - Administration of Article. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-13 - Administration of Article. | Section 9-16-13
Administration of article.
Any act authorized to be done by the Director of the Department of Industrial Relations of the State of Alabama may be performed by the inspector, assistant inspector or any employee of the department when designated by the director. The superintendent may adopt and promulgate... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-14/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-14 - Applicability of Provisions of Article. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-14 - Applicability of Provisions of Article. | Section 9-16-14
Applicability of provisions of article.
The provisions of this article shall not apply to surface mining activities of the State Department of Transportation or any city, county or municipality incident to their activities in constructing, repairing and maintaining the public road system in Alabama. The... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-1/section-9-16-15/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 1 - Surface Mining Reclamation Generally.›Section 9-16-15 - Article Supplemental; Repeal of Conflicting Laws. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 1 - Surface Mining Reclamation Generally. › Section 9-16-15 - Article Supplemental; Repeal of Conflicting Laws. | Section 9-16-15
Article supplemental; repeal of conflicting laws.
It is intended that this article shall supplement existing law regarding the inspection or regulation of mining, water pollution and water impoundment and that only provisions of such law which directly conflict with or are inconsistent with this article... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-70/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-70 - Short Title. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-70 - Short Title. | Section 9-16-70
Short title.
This article shall be known and may be cited as "The Alabama Surface Mining Control and Reclamation Act of 1981."
(Acts 1981, No. 81-435, p. 682, §1.) |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-71/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-71 - Declaration of Public Policy and Legislative Intent; All Land Surface Mined Under... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-71 - Declaration of Public Policy and Legislative Intent; All Land Surface Mined Under This Article Shall Be Reclaimed. | Section 9-16-71
Declaration of public policy and legislative intent; all land surface mined under this article shall be reclaimed.
(a) The objective of this article is to provide for the safe, responsible and reasonable reclamation of lands upon which surface disturbances will be created by surface mining and the surfa... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-72/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-72 - Definitions. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-72 - Definitions. | Section 9-16-72
Definitions.
The following words and phrases, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) APPLICANT. Any person or legal entity who or which applied for a license or a permit to engage in surface coal mining operations.
(2) APPROXIMATE ORIGINAL C... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-73/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-73 - Surface Mining Commission - Creation; Composition; Officers; Compensation; Meeting... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-73 - Surface Mining Commission - Creation; Composition; Officers; Compensation; Meetings; Offices; Funds; Removal of Members. | Section 9-16-73
Surface Mining Commission - Creation; composition; officers; compensation; meetings; offices; funds; removal of members.
(a) There is continued as previously established the Alabama Surface Mining Reclamation Commission under the name of the Alabama Surface Mining Commission for the purpose of transitio... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-74/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-74 - Surface Mining Commission - Powers. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-74 - Surface Mining Commission - Powers. | Section 9-16-74
Surface Mining Commission - Powers.
In addition to any other powers conferred on it by law, the commission shall have the power to do all of the following:
(1) Adopt, amend, suspend, repeal, and enforce reasonably necessary rules and regulations, provided such rules and regulations shall not be more str... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-75/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-75 - Adoption of Rules Pursuant to Alabama Administrative Procedure Act; Written Notifi... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-75 - Adoption of Rules Pursuant to Alabama Administrative Procedure Act; Written Notification of Commission's Rulemaking Activities. | Section 9-16-75
Adoption of rules pursuant to Alabama Administrative Procedure Act; written notification of commission's rulemaking activities.
In adopting, amending or repealing any rule, including any regulation or standard, the commission shall observe the requirements of the Alabama Administrative Procedure Act (Se... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-76/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-76 - Conflict of Interest; Penalty. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-76 - Conflict of Interest; Penalty. | Section 9-16-76
Conflict of interest; penalty.
No officer or employee of the commission performing any function or duty under this article, shall have a direct or indirect financial interest in underground or surface coal mining operations. Whoever knowingly violates the provisions of this section shall, upon convictio... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-77/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-77 - Division of Hearings and Appeals. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-77 - Division of Hearings and Appeals. | Section 9-16-77
Division of Hearings and Appeals.
(a) There is created a Division of Hearings and Appeals within the Alabama Surface Mining Commission to enforce this article. The division shall have such powers and authority as required by law and as delegated by the director.
(b) The commission may hire or contract w... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-78/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-78 - Hearing Officer; Powers; Witness Fees. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-78 - Hearing Officer; Powers; Witness Fees. | Section 9-16-78
Hearing officer; powers; witness fees.
(a) No hearing officer shall participate in a hearing if he or she has an interest therein. At any such hearing all testimony shall be given under oath and be recorded, but need not be transcribed unless an appeal is made.
(b) The manner in which hearings before he... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-79/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-79 - Hearings and Appeals Procedure. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-79 - Hearings and Appeals Procedure. | Section 9-16-79
Hearings and appeals procedure.
Procedures for hearings and appeals under this article shall be made as herein provided and in accordance with such general rules and regulations as the regulatory authority may prescribe. These procedures shall take precedence over the Alabama Administrative Procedure Ac... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-80/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-80 - Surface Mining Control and Reclamation Division - Creation; Director; Chief; Trans... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-80 - Surface Mining Control and Reclamation Division - Creation; Director; Chief; Transfer of Books, Records, Powers, Rights, and Personnel. | Section 9-16-80
Surface Mining Control and Reclamation Division - Creation; director; chief; transfer of books, records, powers, rights, and personnel.
(a) There is hereby created a Division of Surface Mining Control and Reclamation within the Alabama Surface Mining Commission to enforce the provisions of this article.... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-81/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-81 - Licenses Required; Application; Qualifications; Fees. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-81 - Licenses Required; Application; Qualifications; Fees. | Section 9-16-81
Licenses required; application; qualifications; fees.
(a) All surface coal mining operations shall be subject to this article, except as excluded in Section 9-16-99.
(b) No person shall engage in or carry out on lands within the state any surface coal mining operations unless such person is a citizen of... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-82/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-82 - Permits - Required; Term; Successor in Interest; Termination; Renewal; Application... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-82 - Permits - Required; Term; Successor in Interest; Termination; Renewal; Application. | Section 9-16-82
Permits - Required; term; successor in interest; termination; renewal; application.
(a) No person shall engage in surface coal mining operations at a particular location except as a subcontractor of the permittee of that location until such person has been issued a permit by the regulatory authority for... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-83/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-83 - Permits - Contents of Application; Reclamation Plan; Copy of Application Filed for... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-83 - Permits - Contents of Application; Reclamation Plan; Copy of Application Filed for Public Inspection; Insurance; Blasting Plan. | Section 9-16-83
Permits - Contents of application; reclamation plan; copy of application filed for public inspection; insurance; blasting plan.
(a) Each application for a surface coal mining reclamation permit under this article shall be accompanied by a fee as determined by the regulatory authority, but not to exceed ... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-84/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-84 - Reclamation Plans; Contents. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-84 - Reclamation Plans; Contents. | Section 9-16-84
Reclamation plans; contents.
(a) Each reclamation plan submitted as part of a permit application pursuant to the provisions of this article shall include, in the degree of detail necessary to demonstrate that reclamation required can be accomplished, a statement of:
(1) The identification of the lands s... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-85/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-85 - Permits - Approval or Denial by Authority; Filing of Violation Schedule; Issuance... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-85 - Permits - Approval or Denial by Authority; Filing of Violation Schedule; Issuance to Mine on Prime Farm Land. | Section 9-16-85
Permits - Approval or denial by authority; filing of violation schedule; issuance to mine on prime farm land.
(a) Upon the basis of a complete mining application and reclamation plan or a revision or renewal thereof, as required by this article, following public notification and opportunity for a public... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-86/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-86 - Permits - Revisions; Application; Revision or Modification by Authority. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-86 - Permits - Revisions; Application; Revision or Modification by Authority. | Section 9-16-86
Permits - Revisions; application; revision or modification by authority.
(a)(1) During the term of the permit the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the regulatory authority.
(2) An application for a revision of a permit shall n... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-87/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-87 - Permits - Coal Exploration. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-87 - Permits - Coal Exploration. | Section 9-16-87
Permits - Coal exploration.
(a) Coal exploration operations including the removal of coal samples for testing, assaying or other associated non-commercial purposes which substantially disturb the natural land surface may be conducted after filing a notice of intention to explore, including a description... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-88/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-88 - Permits - Review and Appeal of Applications. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-88 - Permits - Review and Appeal of Applications. | Section 9-16-88
Permits - Review and appeal of applications.
(a) At the time of submission of an application for a surface coal mining and reclamation permit, or revision of an existing permit, pursuant to the provisions of this article, the applicant shall submit to the regulatory authority a copy of his advertisement... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-89/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-89 - Performance Bonds and Bond Releases. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-89 - Performance Bonds and Bond Releases. | Section 9-16-89
Performance bonds and bond releases.
(a) After a surface coal mining and reclamation permit application has been approved but before such a permit is issued, the applicant shall file with the regulatory authority, on a form prescribed and furnished by the regulatory authority, a bond for performance pay... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-90/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-90 - Environmental Protection Performance Standards. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-90 - Environmental Protection Performance Standards. | Section 9-16-90
Environmental protection performance standards.
(a) Any permit issued pursuant to this article to conduct surface mining operations shall require that such surface coal mining operations will meet all applicable performance standards of this article, and such other requirements as the regulatory authori... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-91/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-91 - Surface Effects of Underground Coal Mining; Requirements; Remedies. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-91 - Surface Effects of Underground Coal Mining; Requirements; Remedies. | Section 9-16-91
Surface effects of underground coal mining; requirements; remedies.
(a) The regulatory authority shall promulgate rules and regulations directed toward the surface effects of underground coal mining operations, and embodying the following requirements. In adopting any rules and regulations, the regulato... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-92/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-92 - Inspections; Authority to Inspect Records, Equipment, Premises; etc.; Violations;... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-92 - Inspections; Authority to Inspect Records, Equipment, Premises; etc.; Violations; Maintenance of Records, etc., by Permittee; Authority to Ente... | Section 9-16-92
Inspections; authority to inspect records, equipment, premises; etc.; violations; maintenance of records, etc., by permittee; authority to enter upon all lands of the state.
(a) For the purpose of developing or assisting in the development, administration, and enforcement of this article or in the admin... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-93/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-93 - Violations; Inspection by Authority; Remedial Actions; Hearing; Action by Attorney... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-93 - Violations; Inspection by Authority; Remedial Actions; Hearing; Action by Attorney General. | Section 9-16-93
Violations; inspection by authority; remedial actions; hearing; action by Attorney General.
(a) Whenever, on the basis of any information available to it, including receipt of information from any person, the regulatory authority has reason to believe that any person is in violation of any requirement o... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-94/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-94 - Penalties. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-94 - Penalties. | Section 9-16-94
Penalties.
(a) Any permittee or operator who violates any permit condition or who violates any other provision of this article, may be assessed a civil penalty by the regulatory authority, except that if such violation leads to the issuance of a cessation order under Section 9-16-93, the civil penalty s... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-95/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-95 - Citizens' Actions; Attorneys, etc., Fees Allowed as Damages. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-95 - Citizens' Actions; Attorneys, etc., Fees Allowed as Damages. | Section 9-16-95
Citizens' actions; attorneys, etc., fees allowed as damages.
(a) Except as provided in subsection (b) of this section, any person having an interest which is or may be adversely affected, (or any citizen of this state having knowledge that any of the provisions of this article are willfully or deliberat... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-96/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-96 - Designation of Areas Unsuitable for Surface Coal Mining; Right to Petition; Review... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-96 - Designation of Areas Unsuitable for Surface Coal Mining; Right to Petition; Review and Public Hearing; Areas Exempt From Mining Operations. | Section 9-16-96
Designation of areas unsuitable for surface coal mining; right to petition; review and public hearing; areas exempt from mining operations.
(a)(1) The regulatory authority shall establish a planning process enabling objective decisions based upon competent and scientifically sound data and information a... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-97/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-97 - Water Rights. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-97 - Water Rights. | Section 9-16-97
Water rights.
(a) Nothing in this article shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation.
(b) The operator of a surface coal mine shall replace the water supply of... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-98/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-98 - Experimental Practices. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-98 - Experimental Practices. | Section 9-16-98
Experimental practices.
In order to encourage advances in mining and reclamation practices or to allow post-mining land use for industrial, commercial, residential, or public use (including recreational facilities), the regulatory authority with approval by the Secretary of Interior may authorize depart... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-99/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-99 - Surface Mining Operations Not Subject to This Article. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-99 - Surface Mining Operations Not Subject to This Article. | Section 9-16-99
Surface mining operations not subject to this article.
The provisions of this article shall not apply to any of the following activities:
(1) The extraction of coal by a landowner for his own noncommercial use from land owned or leased by him;
(2) For surface mining operations affecting two acres or les... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-100/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-100 - Confidentiality of Records. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-100 - Confidentiality of Records. | Section 9-16-100
Confidentiality of records.
Any record, report or information required to be submitted to the regulatory authority by a licensee or permittee pursuant to this article shall be available to the public, except as provided elsewhere in this article and except that upon a verified representation to the reg... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-101/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-101 - Leases of Certain Lands. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-101 - Leases of Certain Lands. | Section 9-16-101
Leases of certain lands.
The regulatory authority is hereby vested with the authority and responsibility for consulting with all institutions of this state which own lands or mineral interests relating to all coal leases proposed to be entered into by such institutions. The regulatory authority is here... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-102/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-102 - Reports of Certain Coal Sales. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-102 - Reports of Certain Coal Sales. | Section 9-16-102
Reports of certain coal sales.
Any person engaged in the business of coal brokering or operating a coal sales agency in the State of Alabama and each and every person, corporation or other legal entity operating an electric system for the sale of electric energy for resale, sale to the public or sale t... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-103/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-103 - Alabama Surface Mining Fund. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-103 - Alabama Surface Mining Fund. | Section 9-16-103
Alabama Surface Mining Fund.
(a) All sums received through the payment of fees, the forfeiture of bonds, the recovery of civil penalties or appropriations by the Legislature shall be placed in the State Treasury and credited to an open account designated as the Alabama Surface Mining Fund. This fund, w... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-104/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-104 - Reimbursement and Funding. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-104 - Reimbursement and Funding. | Section 9-16-104
Reimbursement and funding.
The regulatory authority shall make every effort to obtain maximum reimbursement from the Director of the Office of Surface Mining Reclamation and Enforcement for the costs of performing its duties under this article. The regulatory authority is authorized to accept, administ... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-105/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-105 - Constitutionality and Validity of Article. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-105 - Constitutionality and Validity of Article. | Section 9-16-105
Constitutionality and validity of article.
(a) If Public Law 95-87, or any rule or regulation promulgated thereunder or any part of such Public Law 95-87, is adjudged unconstitutional or invalid for any reason, then such provisions of this article, or such rules or regulations as were adopted in order ... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-106/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-106 - Provisions Cumulative; Certain Laws Not Repealed. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-106 - Provisions Cumulative; Certain Laws Not Repealed. | Section 9-16-106
Provisions cumulative; certain laws not repealed.
This article is cumulative and is intended to preempt local, municipal, county and state regulation of surface coal mining operations and to supplement existing state law and no part hereof shall be construed to repeal or supersede an existing state law... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-3/section-9-16-107/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 3 - Surface Mining Control and Reclamation.›Section 9-16-107 - Effective Date. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 3 - Surface Mining Control and Reclamation. › Section 9-16-107 - Effective Date. | Section 9-16-107
Effective date.
This article shall become effective immediately upon:
(1) Its passage and approval by the Governor, or upon its otherwise becoming a law; and
(2) Upon the approval of the state regulatory program by the Secretary of Interior pursuant to Section 503 of P. L. 95-87, 30 U.S.C. §1253 (1977)... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-120/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-120 - Legislative Intent. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-120 - Legislative Intent. | Section 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 Contro... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-121/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-121 - Definitions. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-121 - Definitions. | Section 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 condit... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-122/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-122 - Abandoned Mine Reclamation Fund. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-122 - Abandoned Mine Reclamation Fund. | Section 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 s... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-123/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-123 - Reclamation Priorities. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-123 - Reclamation Priorities. | Section 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 protec... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-124/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-124 - Lands and Waters Eligible for Reclamation. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-124 - Lands and Waters Eligible for Reclamation. | Section 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 le... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-125/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-125 - Reclamation Program. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-125 - Reclamation Program. | Section 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 f... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-126/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-126 - Right of Entry. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-126 - Right of Entry. | Section 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 pre... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-127/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-127 - Acquisition and Disposition of Lands. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-127 - Acquisition and Disposition of Lands. | Section 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... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-128/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-128 - Landowners' Actions; Review by Director; Prior Right of Purchase; Review by Court... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-128 - Landowners' Actions; Review by Director; Prior Right of Purchase; Review by Court. | Section 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 p... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-129/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-129 - Property Subject to Lien; Statement by Director; Amount; Priority. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-129 - Property Subject to Lien; Statement by Director; Amount; Priority. | Section 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 ... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-130/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-130 - Filling Voids, Sealing Tunnels, Shafts, Etc. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-130 - Filling Voids, Sealing Tunnels, Shafts, Etc. | Section 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 secretar... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-131/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-131 - Interagency Cooperation. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-131 - Interagency Cooperation. | Section 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 1... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-132/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-132 - Injunctions. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-132 - Injunctions. | Section 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... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-133/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-133 - Powers of Director. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-133 - Powers of Director. | Section 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 agree... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-134/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-134 - Insurance. | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-134 - Insurance. | Section 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 agen... |
https://law.justia.com/codes/alabama/title-9/chapter-16/article-4/section-9-16-135/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 16 - Mineral Resources.›Article 4 - Abandoned Mine Reclamation.›Section 9-16-135 - Special Abandoned Mine Reclamation Trust Fund; Deposit, Administration and Disbur... | 2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 16 - Mineral Resources. › Article 4 - Abandoned Mine Reclamation. › Section 9-16-135 - Special Abandoned Mine Reclamation Trust Fund; Deposit, Administration and Disbursal of Funds. | Section 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. Dep... |
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