Section 2. AMFIRE Mining Company, LLC.
(a) Conveyance authorized.--The Department of Transportation, with the written approval of the Governor, is authorized to grant and convey to AMFIRE Mining Company, LLC, the right to remove coal underlying highway right-of-way for State Routes 0022 and 0053 (the Cresson Interchange) situate in Cresson Township, Cambria County, as described in subsection (b), for fair market value as determined by an independent appraisal.
(b) Property description.--The highway right-of-way under which the department is authorized to grant and convey coal mining rights pursuant to this section consists of 87 acres, more or less, shown as required right of way for Legislative Route 1101 (State Route 0022) from Station 407+19 to Station 441+81 and Legislative Route 276 (State Route 0053) from Station 18+50 to Station 58+97, as shown on plans entitled "Drawings Establishing Limited Access Highway And Authorizing Condemnation of Right-of-Way for Leg Route 1101 Section G11R/W In Cambria County, From Sta 403+49.00 to Sta 541+15.00 Length 13,700 Ft. 2.608 Mi., Also Leg Route 276 Section 38R/W , From Sta 8+00 to Sta 65+25.00, Leg Route 11028 Section 2R/2W, From Sta 12+25.00 to Sta 48+25.00," signed by the Governor on April 26, 1980, and recorded in the Cambria County Courthouse in State Highway Right of Way Book A, Page 22, on April 29, 1980.
(c) Conditions.--The conveyance shall be made under and subject to all of the following:
(1) Lawful and enforceable easements, servitudes and
rights of others.
(2) Lawful and enforceable estates or tenancies vested
in third persons appearing of record or not, for any portion
of the right-of-way or coal rights.
(3) All costs of remediation to the highway
infrastructure due to subsidence caused by coal mining
operations of the grantee shall be borne by the grantee.
(4) Other terms and conditions as deemed appropriate by
the department to address issues relating to the removal of
coal underlying State highways by AMFIRE within the Cresson
Mine Permit boundaries, whether or not the coal is owned by
the Commonwealth.
(d) Conveyance.--The conveyance shall be by option and lease agreement executed by the Secretary of Transportation in the name of the Commonwealth.
(e) Costs and fees.--Costs and fees incidental to the conveyance shall be borne by the grantee.