R643-875-100 - Scope

R643-875-100. Scope

The rules under R643-875 establish land and water eligibility requirements for noncoal reclamation.

120. Eligible lands and water prior to certification. Noncoal lands and water are eligible for reclamation if:

121. They were mined or affected by mining processes;

122. They were mined and left or abandoned in either an unreclaimed or inadequately reclaimed condition prior to August 3, 1977;

123. There is no continuing responsibility for reclamation by the operator, permittee, or agent of the permittee under statutes of the state or federal government or by the state as a result of bond forfeiture. Bond forfeiture will render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, monies sufficient to complete the reclamation may be sought under R643-886 or R643-888;

124. The reclamation has been requested by the Governor; and

125. The reclamation is necessary to protect the public health, safety, general welfare, and property from extreme danger of adverse effects of noncoal mining practices.

130. Certification of completion of coal sites.

131. The Governor may submit to the Secretary a certification of completion expressing the finding that the Reclamation Program has achieved all existing known coal-related reclamation objectives for eligible lands and waters pursuant to Section 40-10-25(3) of the Act, or has instituted the necessary processes to reclaim any remaining coal related problems. In addition to the above finding, the certification of completion shall contain:

131.100. A description of both the rationale and the process utilized to arrive at the above finding for the completion of all coal-related reclamation pursuant to Section 40-10-25(2) of the Act.

131.200. A brief summary and resolution of all relevant public comments concerning coal-related impacts, problems, and reclamation projects received by the Reclamation Program prior to preparation of the certification of completion.

131.300. A Reclamation Program agreement to acknowledge and give top priority to any coal-related problem(s) that may be found or occur after submission of the certification of completion and during the life of the approved abandoned mine reclamation program.

132. After review and verification of the certification, the Director will provide notice in the Federal Register and opportunity for public comment. After evaluation, the Director will concur with the certification and provide final notice in the Federal Register.

133. Following concurrence by the Director, the Reclamation Program may implement a noncoal reclamation program pursuant to provisions in Section 40-10-28.1 of the Act.

140. Eligible lands and water subsequent to certification.

141. Following certification by the Reclamation Program of the completion of all known coal projects and the Director's concurrence in such certification, eligible noncoal lands, waters, and facilities shall be those-

141.100. Which were mined or processed for minerals or which were affected by such mining or processing, and abandoned or left in an inadequate reclamation status prior to August 3, 1977. In determining the eligibility under this subsection of Federal lands, waters, and facilities under the jurisdiction of the Forest Service or Bureau of Land Management, in lieu of the August 3, 1977, date, the applicable date shall be August 28, 1974, and November 26, 1980, respectively; and

141.200. For which there is no continuing reclamation responsibility under State or other Federal laws.

142. If eligible coal problems are found or occur after certification under R643-875-130, the Reclamation Program must address the coal problem utilizing State share funds no later than the next grant cycle, subject to the availability of funds distributed to the Reclamation Program in that cycle. The coal project would be subject to the coal provisions specified in Sections 40-10-25 through 40-10-28 of the Act.

150. Reclamation priorities for noncoal program.

151. This section applies to reclamation projects involving the restoration of lands and water adversely affected by past mineral mining; projects involving the protection, repair, replacement, construction, or enhancement of utilities (such as those relating to water supply, roads, and other such facilities serving the public adversely affected by mineral mining and processing practices); and the construction of public facilities in communities impacted by coal or other mineral mining and processing practices.

152. Following certification pursuant to R643-875-130, the projects and construction of public facilities identified in paragraph 151 of this section shall reflect the following priorities in the order stated:

152.100. The protection of public health, safety, general welfare and property from the extreme danger of adverse effects of mineral mining and processing practices;

152.200. The protection of public health, safety, and general welfare from the adverse effects of mineral mining and processing practices; and

152.300. The restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices.

153. Enhancement of facilities or utilities shall include upgrading necessary to meet local, State, or Federal public health or safety requirements. Enhancement shall not include, however, any service area expansion of a utility or facility not necessary to address a specific abandoned mine land problem.

154. Notwithstanding the requirements specified in paragraph 151 of this section, where the Governor, after determining that there is a need for activities or construction of specific public facilities related to the coal or minerals industry in the State, submits a grant application as required by paragraph 154 of this section and the Director concurs in such need, as set forth in paragraph 155 of this section, then the Division may use annual grants made available under Section 40-10-25(1) of the Act to carry out such activities or construction.

155. To qualify for funding pursuant to the authority in paragraph 153 of this section, the Reclamation Program must submit a grant application that specifically sets forth:

155.100. The need or urgency for the activity or the construction of the public facility;

155.200. The expected impact the project will have on the coal or minerals industry in the State;

155.300. The availability of funding from other sources and, if other funding is provided, its percentage of the total costs involved;

155.400. Documentation from other local, State, and Federal agencies with oversight for such utilities or facilities regarding what funding resources they have available and why this specific project is not being fully funded by their agency;

155.500. The impact on the State, the public, and the minerals industry if the activity or facility is not funded;

155.600. The reason why this project should be selected before a priority project relating to the protection of the public health and safety or the environment from the damages caused by past mining activities; and

155.700. An analysis and review of the procedures used by the Reclamation Program to notify and involve the public in this funding request and a copy of all comments received and their resolution by the Reclamation Program.

160. Exclusion of certain noncoal reclamation sites. Money from the Account shall not be used for the reclamation of sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.) or that have been listed for remedial action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

170. Land acquisition authority-noncoal. The requirements specified in R643-877 (Rights of Entry) and R643-879 (Acquisition, Management and Disposition of Lands and Water) shall apply to the Reclamation Program's noncoal program except that, for purposes of this section, the references to "coal" shall not apply. In lieu of the term "coal", the word "noncoal" should be used.

180. Lien requirements. The lien requirements found in R643-882 (Reclamation on Private Land) shall apply to the Reclamation Program's noncoal reclamation program under Section 40-10-28.1 of the Act, except that for purposes of this section, references made to "coal" shall not apply. In lieu of the term "coal", the word "noncoal" should be used.

190. Limited liability. The State shall not be liable under any provision of Federal law for any costs or damages as a result of action taken or omitted in the course of carrying out an approved state abandoned mine reclamation program or plan. This section shall not preclude liability for costs or damages as a result of gross negligence or intentional misconduct by the Reclamation Program. For purposes of the preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence or intentional misconduct.

200. Contractor responsibility. Every successful bidder for a Reclamation Program contract must be eligible under federal regulation 30 CFR 773.12 through 773.14 at the time of contract award to receive a permit or conditional permit to conduct surface coal mining operations. Bidder eligibility must be confirmed by OSM's automated Applicant/Violator System for each contract to be awarded.

The following state regulations pages link to this page.