62C-17.005. Prioritization of Reclamation Programs

(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. History–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.