Ohio § 1513.32

§ 1513.32.

For the purpose of promoting local or regional economic or community development,

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

director of natural resources, may enter into a written agreement, which may be in

the form of a contract, with a political subdivision, community improvement corporation

incorporated under Chapter 1724. of the Revised Code, or other nonprofit corporation

incorporated under Chapter 1702. of the Revised Code that owns any unreclaimed land

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

10, 1972, under which the state or its agents may enter upon the land to reclaim it

at state expense with money from the mining regulation and safety fund created by section 1513.30 of the Revised Code for the purpose of commercial or industrial site development if the land is owned

by a political subdivision or corporation or the development of recreational facilities

if the land is owned by a political subdivision.  The agreement may include provisions pertaining to liability for damages and any

other provisions necessary or desirable to achieve the purposes of this section. For the purpose of selecting lands to be reclaimed for commercial, industrial, or,

if the lands are owned by a political subdivision, recreational site development,

the chief shall consult with the owners of unreclaimed lands and with local officials,

civic and professional organizations, and interested individuals and shall consider

the feasibility, cost, and public benefits of reclaiming particular lands and the

availability of federal or other assistance for the reclamation.  The chief shall select for reclamation under this section only lands that lie within

the boundaries of a project area approved by the chief. Before entering into the agreement, the chief shall prepare or approve a detailed

plan with 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 considers appropriate.  The plan shall include only reclamation work that is necessary to render the unreclaimed

land suitable for commercial, industrial, or, if the land is owned by a political

subdivision, recreational site development and will substantially reduce or eliminate

the damage, if any, to adjacent property that is or may be caused by the condition

of the unreclaimed land.  The plan may include improvements recommended by the owner, but may not include

any improvements that the chief finds are not necessary to prepare the unreclaimed

land for commercial, industrial, or, if the land is owned by a political subdivision,

recreational site development, or if the condition of the unreclaimed land so requires,

are not necessary to establish vegetative cover or substantially reduce or eliminate

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

flooding, or damage to adjacent property. With the approval of the director and upon entering into an agreement with the owner,

the chief may carry out the plan of reclamation or any part thereof with the employees

or equipment of the department, or the chief may carry out the plan or any part thereof

by contracting therefor in accordance with the procedures prescribed in section 1513.27 of the Revised Code .  The chief shall keep an itemized record of the state's expense in carrying out the

plan. Expenditure of not more than twenty per cent of the money credited to the mining regulation

and safety fund during the preceding fiscal year may be approved by the chief during

a fiscal year for conducting reclamation projects under this section and for making

grants under section 1513.31 of the Revised Code , provided that such expenditures are primarily for the pollution abatement purposes

of section 1513.30 of the Revised Code .