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9-8A-11
Section 9-8A-11 Agreement to maintain conservation practices; sale of land with respect to
which agreement is in effect. As a condition for receipt of a cost-share grant of allocated
funds for soil and water conservation practices, the eligible person receiving the benefit
of such grant shall agree to maintain those practices for the expected life of the practice
as established by the commission and outlined in the applicable conservation plan. Agreement
to maintain practices for which allocated funds are being paid shall be accomplished by completing
and signing a maintenance agreement. Specific conditions of the maintenance agreement shall
be detailed on a form specified by the commission, and may include provisions for repayment
of cost-share grants. Completion of the form and signature of the eligible person is required
prior to transfer of the payment from the district to the recipient. Agreements to perform
soil and water conservation practices for which allocated funds are being...
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9-16-124
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 left in an inadequate reclamation status prior to
November 5, 1990, and for which there is no continuing reclamation responsibility under existing
state or federal law. (Acts 1981, No. 81-210, p. 254, §5; Acts 1993, No. 93-542, p. 894,
§1.)...
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9-16-92
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 administration and enforcement of any permit under this article,
or of determining whether any person is in violation of any requirement of this article: (1)
The regulatory authority shall require any permittee to (i) establish and maintain appropriate
records, (ii) make monthly reports to the regulatory authority, (iii) install, use, and maintain
any necessary monitoring equipment or methods, (iv) evaluate results in accordance with such
methods, at such locations, intervals, and in such manner as the regulatory authority shall
prescribe, and (v) provide such other information relative to surface coal mining and reclamation
operations as the regulatory authority deems...
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9-8A-8
Section 9-8A-8 Ineligible lands. Allocated funds shall not be used to reimburse other units
of government for implementing soil and water conservation practices. Privately-owned land
not used for agricultural or timber production shall not qualify for allocated funds. Tracts
of land used for agricultural or timber production smaller than 20 acres in size from which
less than $1,000.00 of agricultural products are sold annually shall not qualify for allocated
funds. (Acts 1985, 1st Ex. Sess., No. 85-123, p. 169, §10; Acts 1986, No. 86-426, p. 775,
§9.)...
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9-10A-1
Section 9-10A-1 Legislative intent. Proper management of the watersheds of the state is necessary
to insure the health, safety and welfare of our citizens. Improper land use and water use
practices upon our watersheds have caused or contributed to and will continue to cause and
contribute to critical flooding, erosion and pollution problems. Proper management of watersheds
is necessary to provide an adequate supply of water for residential, agricultural and industrial
uses, flood prevention and control, soil erosion prevention and control, agricultural and
timber land protection, and wildlife habitat protection. The legislative intent of this chapter
is to provide for the establishment of watershed management authorities, and to authorize
said entities to protect and manage the watersheds of this state. (Acts 1991, No. 91-602,
p. 1119, §1.)...
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9-8A-6
Section 9-8A-6 Application for cost-share grant. In order to qualify for a cost-share grant,
an eligible person shall file, accompanied by the applications specified in this section,
a conservation plan approved by the soil and water conservation district in which the eligible
person's eligible land is located. Cost-share grants shall be available only with respect
to those soil and water conservation practices determined to be needed by the soil conservation
district to reduce erosion, improve agricultural water quality and improve forest resources
in the district. Such determination of need shall be made by a qualified soil and water conservation
or forestry technician. All application forms and agreements for allocated funds shall be
available from and completed forms shall be submitted to the local soil and water conservation
district office located in the county where such practices are proposed to be implemented.
If an applicant's land is in more than one soil and water...
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9-16-99
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 less, the regulatory authority may waive certain
requirements of this article where those requirements will not affect the reclamation of the
affected lands; (3) The extraction of coal as an incidental part of federal, state or local
government-financed highway or other construction under regulations established by the regulatory
authority; (4) The extraction of coal incidental to the extraction of other minerals where
coal does not exceed sixteen and two-thirds percent of the tonnage of minerals removed for
commercial use or sale pursuant to regulations established by the regulatory authority. (Acts
1981, No. 81-435, p. 682, §31; Acts 1983, No. 83-774, p. 1415, §4.)...
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9-8-23
Section 9-8-23 Creation and incorporation of districts; increase or decrease in boundaries;
reorganization; change of name. (a) Any 25 owners of land lying within the limits of the territory
proposed to be organized into a district may file a petition with the State Soil and Water
Conservation Committee asking that a soil and water conservation district be organized to
function in the territory described in the petition. Such petition shall set forth: (1) The
proposed name of said district; (2) That there is need in the interest of the public health,
safety and welfare for a soil and water conservation district to function in the territory
described in the petition; (3) A description of the territory proposed to be organized as
a district, which description shall not be required to be given by metes and bounds or by
legal subdivisions but shall be deemed sufficient if generally accurate; and (4) A request
that the State Soil and Water Conservation Committee duly define the boundaries...
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9-16-81
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 the United States or, if not a citizen of the
United States, a person who is legally present in the United States with appropriate documentation
from the federal government and has first obtained a license in accordance with this section.
The term of a license shall be continuous and shall authorize the licensee, subject to the
other provisions of this article, to engage in surface coal mining operations unless the license
shall be suspended or revoked in accordance with this article. Suspension, revocation, or
subcontracting shall in no way relieve the licensee of his or her obligation to comply with
the reclamation requirement of this article. (c) An applicant for a...
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9-8A-1
Section 9-8A-1 Definitions. The following words and phrases used in this chapter, and others
evidently intended as the equivalent thereof, shall, in the absence of clear implication herein
otherwise, have the following respective meanings: (1) ALLOCATED FUNDS. That portion of the
funds appropriated to the commission that are allocated by the commission to the soil and
water conservation district in each county of the state. (2) AUTHORIZED INVESTMENTS. Bonds
or other obligations of, or guaranteed by, the United States of America or the state, or interest
bearing bank and savings and loan association deposits or obligations, obligations of any
agency of the United States of America, any obligations in which a state chartered savings
and loan association may invest its funds, any agreement to repurchase any of the foregoing,
or any thereof. (3) COMMISSION. The Alabama Agricultural and Conservation Development Commission
organized pursuant to the provisions of the Constitution of Alabama...
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