Ohio § 1513.28

§ 1513.28.

The chief of the division of mineral resources management, with the approval of the

director of natural resources, may make grants of money from the mining regulation

and safety fund created by section 1513.30 of the Revised Code for the payment by the state of up to seventy-five per cent of the reasonable and

necessary reclamation expenses incurred by the owner of any unreclaimed land affected

by mining before April 10, 1972, or pursuant to a license issued before April 10,

1972, that causes or may cause pollution of the waters of the state or damage to adjacent

property, is not likely to be mined in the foreseeable future, and lies within the

boundaries of a project area approved by the chief under section 1513.30 of the Revised Code . The owner shall submit application for a grant on forms furnished by the division,

together with detailed plans and topographic maps indicating the reclamation improvements

to be made, an itemized estimate of the project's cost, a description of the project's

benefits, and such other information as the chief prescribes.  The plan of reclamation may be prepared in consultation with a local soil and water

conservation district. The chief may award the applicant a grant only after finding that the proposed reclamation

work will establish vegetative cover and substantially reduce or eliminate erosion,

sedimentation, landslides, pollution, accumulation or discharge of acid water, flooding,

and damage to adjacent property. For the purpose of establishing priorities for awarding grants under this section

and section 1513.31 of the Revised Code , the chief shall consider each project's feasibility, cost, and public benefits of

reclaiming the particular land, its potential for being mined, and the availability

of federal or other financial assistance for reclamation. The chief shall determine the amount of a grant under this section based upon the

chief's determination of what constitutes reasonable and necessary expenses actually

incurred for establishing vegetative cover, substantially reducing or eliminating

erosion, sedimentation, landslides, pollution, accumulation or discharge of acid water,

flooding, or damage to adjacent property, and preparing the plan of reclamation.  The owner may elect to have other improvements made concurrently, but in no event

shall any part of the grant be made for such other improvements, and in no event shall

the amount of the grant exceed seventy-five per cent of the total amount, determined

by the chief, of what constitutes reasonable and necessary expenses actually incurred

for the reclamation measures listed in this section. The chief shall enter into a contract for funding with each applicant awarded a grant

to ensure that the money granted are used for the purposes of this section and that

the reclamation work is properly done.  The final payment may not be made until the chief inspects and approves the completed

reclamation work. Each such contract shall contain provisions for the reimbursement of a portion of

the costs of the reclamation that is commensurate with the increase in the fair market

value of the property attributable to the reclamation work thereon, as determined

by appraisals made before and after reclamation in the manner stated in the agreement,

unless such determination discloses an increase in value that is insubstantial in

comparison to the benefits to the public from the abatement of pollution or prevention

of damage to adjacent property, considering the applicant's share of the reclamation

cost.  For reimbursement of such portion, the contract may include provisions for: (A) Public use for soil, water, forest, or wildlife conservation or public recreation

purposes; (B) Payment to the state of the share of the income from the crops or timber produced

on the land that is stated in the agreement; (C) Imposition of a lien in the amount of the increase in fair market value payable upon

transfer or conveyance of the property to a new owner; (D) Payment to the state in cash in the amount of the increase in fair market value,

payable upon completion of the reclamation. All such reimbursements and payments shall be credited to the mining regulation and

safety fund. Not more than forty per cent of the money credited to the fund during the preceding

calendar year may be expended during a calendar year for grants under this section. The chief shall require every landowner performing reclamation work pursuant to this

section to pay workers at the greater of their regular rate of pay, as established

by contract, agreement, or prior custom or practice, or the average wage rate in this

state for the same or similar work performed in the same or similar locality by private

companies doing their own reclamation work.