W. Va. Code R. § 38-2D-8 - State Reclamation Grants

8.1. Objectives. The objectives of this section are to assure that adequate information is provided by WVDEP to support its application for a grant and that funds granted to WVDEP are handled in accordance with applicable federal laws and, regulations.

8.2. Authority. WVDEP may make application for grants under this section if the total amount of the grants does not exceed the moneys appropriated by the congress and specifically allocated to West Virginia under Public Law 95-87. OSMRE is responsible for assuring that any required approvals are obtained before the grant is made.

8.3. Eligibility for grants. WVDEP is eligible for grants under this section if it has a state reclamation plan approved by OSMRE.

8.4. Coverage and amount of grant.

(a) WVDEP may use monies granted under this section to administer the approved state reclamation program and to carry out the specific reclamation activities included in the plan and described in the annual grant agreement. The moneys may be used to cover direct costs to the agency for services and materials obtained from other state agencies or local governments if approved by OSMRE.

(b) Grants shall be approved for one hundred percent (100%) of the total agreed upon costs for reclamation of eligible land and water, construction of public facilities, program administration as specified in 8.3 of this section and the incremental cost of filling voids and seating tunnels with waste from mine waste piles reworked for conservation purposes.

(c) Grants shall be approved for up to ninety percent (90%) of the total agreed upon costs for acquisition of land or interest in land and any mineral or water rights associated with the land. Grants for proposed reclamation projects on these lands shall be approved in accordance with Section 8.4(b) of this section.

8.5. Grant period. The grant funding period shall not exceed three (3) years. However, the grant period for administrative costs of the WVDEP shall be for one (1) year.

8.6. Submission of estimated annual budgets. The WVDEP shall cooperate with OSMRE in the development of advance budget estimates for use by OSMRE in the preparation of request for appropriation of moneys from the fund. The schedule for such estimates shall be determined by the OSMRE on an annual basis.

8.7 Grant application procedures.

(a) The WVDEP shall, submit its grant application to OSMRE office of Management and Budget circular No. A-95 notification and review requirements shall be fulfilled for each project included in the grant application, unless otherwise waived.

(b) The WVDEP shall use the application format for Federal Assistance Application for construction Programs and other procedures specified in office of Management and Budget circular No. A-102 Attachment M.

(c) OSMRE shall notify the WVDEP of the status of the application within thirty (30) days after receipt of a complete application. If the application is not approved, OSMRE shall set forth in writing the reasons for disapproval and may propose modifications if appropriate. The WVDEP may resubmit the application or appropriate revised portions of the application.

8.8. Audit The WVDEP shall arrange for an independent audit at least once every two (2) years, pursuant to the requirements of Office of Management and Budget Circular No. A-102. The audit will be performed in accordance with the standards for audit of Governmental Organizations, Programs, Activities, Functions published by the Comptroller General of the united States and audit guides provided by the Department of the Interior.

8.9. Administrative procedures. The WVDEP shall follow administrative procedures governing accounting, payment, property and related requirements contained in the United States Office of Management and Budget Circular No. A-102 and the state of West Virginia.

8.10. Allowable Costs.

(a) Reclamation project costs which shall be allowed include actual costs of construction, operation and maintenance, planning and engineering, construction inspection, other necessary administrative costs and up to ninety percent (90%) of the costs of the acquisition of land.

(b) OSMRE shall determine costs which may be reimbursed according to Federal Management Circular 74-4.

(c) costs must be in conformity with any limitations, conditions, or exclusions set forth in the grant agreement.

(d) Costa must be allocated to the grant to the extent of benefit properly attributable to the period covered by the grant.

(e) Costs must not be allocated or included as a cost of any other federally assisted program.

8.11. Financial management.

(a) The WVDEP shall account for grant funds in accordance with requirements of Office of Management and Budget Circular No. A-102, WVDEP shall use generally accepted accounting principles and practices, consistently applied. Accounting for grant funds must be accurate and current.

(b) The WVDEP shall adequately safeguard all funds, property, and other assets and shall assure that they are used solely for authorized purposes.

(c) The WVDEP shall provide a comparison of actual amounts spent with budgeted amounts for each grant.

(d) When advances are made by a letter of credit method, the WVDEP shall make drawdowns from the United states Treasury through its commercial bank as closely as possible to the time of making the disbursements.

(e) The WVDEP shall design a systematic method to assure timely and appropriate resolution of audit findings and recommendations.

8.12. Reports.

(a) The WVDEP shall, for each grant made under this section, submit annually to OSMRE a financial status report in accordance with office of Management and Budget Circular No. A-102, Attachment H.

(b) The WVDEP shall in each year after the first grant, submit to OSMRE, a performance report prepared according to Office of Management and Budget circular No. A-102, Attachment H. The report shall include:

(1) For each project previously funded and completed during the year, a brief description of the project and the type of reclamation performed, the project location, the landowner's name, the amounts of land or water reclaimed, and a summary of achieved benefits,

(2) For each project previously funded but not yet completed, a brief description of the project and the status of reclamation work, the project location, landowner's name, and a summary of expected benefits,

(3) For any land previously acquired but not disposed of, a statement of current or planned uses, location and size in acres, and any revenues derived from use of the land;

(4) For any permanent facilities acquired or constructed but not disposed of, a description of the facility and a statement of current or planned uses, location, and any revenues derived from the use of the facility.

(c) The reports required under this section shall reflect revenue deposited in the state Abandoned Mine Reclamation Fund.

8.13. Records.

(a) The WVDEP shall maintain complete records in accordance with Office of Management and Budget circular No. A-102, Attachment C. This includes, but is not limited to books, documents, maps and other evidence and accounting procedures and practices, sufficient to reflect properly:

(1) The amount and disposition by the WVDEP of all assistance received for the program;

(2) The total direct and indirect costs of the program for which the grant was awarded.

(b) sub grantees and contractors, includes contractors for professional services, shall maintain books docximenta, papers, maps and records which are pertinent to a specific grant award.

Notes

W. Va. Code R. § 38-2D-8