Current through Reg. 50, No. 187; September 24, 2024
(1)
Reclamation program application prioritization shall be based on the following
criteria; however, greater weight shall be given to one or more of the criteria
depending on the overall needs of the nonmandatory land reclamation program:
(a) Whether there are existing Category 1, as
defined in the Report, health and safety hazards, and if there are, they shall
be given the greatest weight;
(b)
Whether the economic or environmental utility or the aesthetic value of the
land would return naturally within a reasonable period of time;
(c) Whether there is a reasonable geographic
and applicant diversity in light of prior awarded reclamation contracts,
reclamation program applications before the Committee, and the remaining
eligible lands;
(d) Whether
reclamation or acquisition is in the public interest;
(e) Whether the land has been naturally
reclaimed or is eligible for acquisition by the State for hunting, fishing, or
other outdoor recreation purposes, or wildlife preservation;
(f) Whether the land is to be reclaimed for
agricultural uses and the applicant has agreed to maintain the lands in
agricultural use for at least five (5) years after the completion of
reclamation;
(g) Whether the
program alone or in conjunction with other reclamation or acquisition programs
will provide a substantial regional benefit;
(h) Whether the reclamation or acquisition
program alone or in conjunction with other reclamation programs will benefit
regional drainage patterns or is part of an overall reclamation plan identified
for environmental land uses or the protection of diverse plant and wildlife
communities;
(i) Whether the land
is publicly owned and will be reclaimed for public purposes or whether the land
is adjacent to or nearby publicly owned lands;
(j) Whether the applicant has demonstrated,
by performance, the ability to accomplish quality reclamation in an economical,
expeditious, and efficient manner;
(k) Whether the program includes a donation
or agreement to sell a portion of the program application area to the State for
outdoor recreational or wildlife habitat protection purposes;
(l) Whether the reclamation or acquisition
program is cost-effective in achieving the goals of the nonmandatory land
reclamation program;
(m) Whether
the program will reclaim lands described in subsection
62C-17.009(5),
F.A.C.;
(n) Whether the applicant
has agreed to maintain the land in conformance with the standards and criteria
of this rule and without substantial deviation from the approved program for a
period of five (5) years following completion of the reclamation program; and,
(o) Whether any endangered or
threatened species occupy the reclamation or acquisition program area and the
extent to which they will be affected.
(p) Whether the landowner had submitted the
notice of intent required by Rule 62C-17.0038, F.A.C.
(2) The criteria enumerated in subsection
(1), above, shall be used to establish two (2) prioritized lists of
applications for presentation to the Committee. One list of prioritized
applications shall be made up of those reclamation programs to create lands to
be actively used for agricultural activities which are submitted by applicants
other than corporations primarily engaged in the mining or processing of
phosphate ores for which there are available funds under the provisions of
subsection (4), below. The other list of prioritized applications shall be made
up of all other applications.
(3)
Until 1995, the funds each year available for new reclamation contracts and new
acquisition of nonmandatory lands shall not exceed twenty percent (20%) of the
uncommitted fund balance of the Nonmandatory Land Reclamation Trust Fund at the
beginning of each year.
(4) Each
year, fifteen percent (15%) of the funds available for new reclamation
contracts, as set forth in subsection (3), above, shall be reserved for
reclamation programs to create lands to be actively used for agricultural
activities which are submitted by applicants other than corporations primarily
engaged in the mining or processing of phosphate ores. In the event that, in
any given year, there are insufficient applicants that meet this criterion to
use the funds reserved under this subsection, the remaining moneys may be made
available to other applicants.
Rulemaking Authority
378.021,
378.038 FS. Law Implemented
378.021,
378.034
FS.
New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.05,
Amended 12-25-86, 6-13-91, 11-11-93, Formerly
16C-17.005.
