[Title 30 CFR R]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 30 - MINERAL RESOURCES]
[Chapter Vii - OFFICE OF SURFACE]
[Subchapter R - ABANDONED MINE LAND RECLAMATION]
[From the U.S. Government Printing Office]
30MINERAL RESOURCES32002-07-012002-07-01falseABANDONED MINE LAND RECLAMATIONRSUBCHAPTER RMINERAL RESOURCESOFFICE OF SURFACE
SUBCHAPTER R--ABANDONED MINE LAND RECLAMATION
PART 870--ABANDONED MINE RECLAMATION FUND--FEE COLLECTION AND COAL PRODUCTION REPORTING--Table of Contents
Sec.
870.1 Scope.
870.5 Definitions.
870.10 Information collection.
870.11 Applicability.
870.12 Reclamation fee.
870.13 Fee computations.
870.14 Determination of percentage-based fees.
870.15 Reclamation fee payment.
870.16 Production records.
870.17 Filing the OSM-1 Form electronically.
870.18 General rules for calculating excess moisture.
870.19 How to calculate excess moisture in HIGH-rank coals.
870.20 How to calculate excess moisture in LOW-rank coals.
Authority: 28 U.S.C. 1746, 30 U.S.C. 1201 et seq., and Pub. L. 105-
277.
Source: 47 FR 28593, June 30, 1982, unless otherwise noted.
Sec. 870.1 Scope.
This part sets out the procedures for the collection of fees for the
Abandoned Mine Reclamation Fund.
Sec. 870.5 Definitions.
As used in part 870 through 888 of this subchapter--
Abandoned Mine Reclamation Fund or Fund means a special fund
established on the books of the U.S. Treasury for the purpose of
accumulating revenues designated for reclamation of abandoned mine lands
and other activities authorized by Title IV of the Act.
Agency means the State agency designated by the Governor, or in the
case of Indian tribes, the Tribal agency designated by the equivalent
head of an Indian tribe, to administer the State/Indian tribe
reclamation program and to receive and administer grants under this
part.
Allocate means the administrative identification in the records of
OSM of moneys in the fund for a specific purpose, e.g., identification
of moneys for exclusive use by a State.
Anthracite, bituminous and subbituminous coal means all coals other
than lignite coal.
Calendar quarter means a 3-month period within a calendar year. The
first calendar quarter begins on January 1 of the calendar year and ends
on the last day of March. The second calendar quarter begins on the
first day of April and ends on the last day of June. The third calendar
quarter begins on the first day of July and ends on the last day of
September. The fourth calendar quarter begins on the first day of
October and ends on the last day of December.
Eligible lands and water means land and water eligible for
reclamation or drainage abatement expenditures which were mined for coal
or which were affected by such mining, wastebanks, coal processing, or
other coal mining processes and left or abandoned in either an
unreclaimed or inadequately reclaimed condition prior to August 3, 1977,
and for which there is no continuing reclamation responsibility.
Provided, however, that lands and water damaged by coal mining
operations after that date and on or before November 5, 1990, may also
be eligible for reclamation if they meet the requirements specified in
30 CFR 874.12 (d) and (e). Following certification of the completion of
all known coal problems, eligible lands and water for noncoal
reclamation purposes are those sites that meet the eligibility
requirements specified in 30 CFR 874.14. For additional eligibility
requirements for water projects, see 30 CFR 874.14, and for lands
affected by remining operations, see Section 404 of the Act.
Emergency means a sudden danger or impairment that presents a high
probability of substantial physical harm to the health, safety, or
general welfare of people before the danger can be abated under normal
program operation procedures.
Excess moisture means the difference between total moisture and
inherent moisture, calculated according to
[[Page 405]]
Sec. 870.19 for high-rank coals or the difference between total moisture
and inherent moisture calculated according to Sec. 870.20 for low-rank
coals.
Expended means that moneys have been obligated, encumbered, or
committed for reclamation by contract by the OSM, State, or Tribe for
work to be accomplished or services to be rendered.
Extreme danger means a condition that could reasonably be expected
to cause substantial physical harm to persons, property, or the
environment and to which persons or improvements on real property are
currently exposed.
Fee compliance officer means any person authorized by the Secretary
to exercise authority in matters relating to this part.
In situ coal mining means activities conducted on the surface or
underground in connection with in-place distillation, retorting,
leaching or other chemical or physical processing of coal. The term
includes, but is not limited to, in situ gasification, in situ leaching,
slurry mining, solution mining, bore hole mining, and fluid recovery
mining. At this time, part 870 considers only in situ gasification.
Indian Abandoned Mine Reclamation Fund or Indian Fund means a
separate fund established by an Indian tribe for the purpose of
accounting for moneys granted by the Director under an approved Indian
Reclamation Program and other moneys authorized by these regulations to
be deposited in the Indian Fund.
Indian reclamation program means a program established by an Indian
tribe in accordance with this chapter for reclamation of lands and water
adversely affected by past mining, including the reclamation plan and
annual applications for grants under the plan.
Inherent moisture means moisture that exists as an integral part of
the coal seam in its natural state, including water in pores, but
excluding that present in macroscopically visible fractures, as
determined according to Sec. 870.19(a) or Sec. 870.20(a).
Left or abandoned in either an unreclaimed or inadequately reclaimed
condition means lands and water:
(a) Which were mined or which were affected by such mining,
wastebanks, processing or other mining processes prior to August 3,
1977, or between August 3, 1977 and November 5, 1990, as authorized
pursuant to Section 402(g)(4) of the Act, and on which all mining has
ceased;
(b) Which continue, in their present condition, to degrade
substantially the quality of the environment, prevent or damage the
beneficial use of land or water resources, or endanger the health and
safety of the public; and
(c) For which there is no continuing reclamation responsibility
under State or Federal Laws, except as provided in Sections 402(g)(4)
and 403(b)(2) of the Act.
Lignite coal means consolidated lignite coal having less than 8,300
British thermal units per pound, moist and mineral-matter-free. Moist,
mineral-matter free British thermal units per pound are determined by
Parr's formula, equation 3, on page 222 of ``Standard Specification for
Classification of Coals by Rank,'' in American Society for Testing and
Materials ASTM D 388-77 (Philadelphia, 1977). Parr's formula follows:
Moist, Mn-Free Btu=
(Bu-50S)/[100-(1.08A+0.55S)]x100
where:
Mn = Mineral matter
Btu = British thermal units per pound (calorific value)
A = percentage of ash, and
S = percentage of sulfur
``Moist'' refers to coal containing its natural inherent or bed
moisture, but not including water adhering to the surface of the coal.
Mineral owner means any person or entity owning 10 percent or more
of the mineral estate for a permit. If no single mineral owner meets the
10 percent rule, then the largest single mineral owner shall be
considered to be the mineral owner. If there are several persons who
have successively transferred the mineral rights, information shall be
provided on the last owner(s) in the chain prior to the permittee, i.e.
the person or persons who have granted the permittee the right to
extract the coal.
OSM means the Office of Surface Mining Reclamation and Enforcement.
Permanent facility means any structure that is built, installed or
established to serve a particular purpose or
[[Page 406]]
any manipulation or modification of the surface that is designed to
remain after the reclamation activity is completed, such as a relocated
stream channel or diversion ditch.
Project means a delineated area containing one or more abandoned
mine land problems. A project may be a group of related reclamation
activities with a common objective within a political subdivision of a
State or within a logical, geographically defined area, such as a
watershed, conservation district, or county planning area.
Qualified hydrologic unit means a hydrologic unit:
(a) In which the water quality has been significantly affected by
acid mine drainage from coal mining practices in a manner that adversely
impacts biological resources; and
(b) That contains lands and waters which are:
(1) Eligible pursuant to Section 404 and include any of the first
three priorities stated in Section 403(a); or
(2) Proposed to be the subject of the expenditures by the State
(from amounts available from the forfeiture of a bond required under
Section 509 or from other State sources) to mitigate acid mine drainage.
Reclaimed coal means coal recovered from a deposit that is not in
its original geological location, such as refuse piles or culm banks or
retaining dams and ponds that are or have been used during the mining or
preparation process, and stream coal deposits. Reclaimed coal operations
are considered to be surface coal mining operations for fee liability
and calculation purposes.
Reclamation activity means the reclamation, abatement, control, or
prevention of adverse effects of past mining.
Reclamation plan means a plan submitted and approved under part 884
of this chapter.
State Abandoned Mine Reclamation Fund or State Fund means a separate
fund established by a State for the purpose of accounting for moneys
granted by the Director under an approved State Reclamation Program and
other moneys authorized by these regulations to be deposited in the
State Fund.
State reclamation program means a program established by a State in
accordance with this chapter for reclamation of lands and water
adversely affected by past mining, including the reclamation plan and
annual applications for grants.
Surface coal mining means the extraction of coal from the earth by
removing the materals over the coal seam before recovering the coal and
includes auger coal mining. For purposes of subchapter R, reclaiming
coal operations are considered surface coal mining.
Ton means 2,000 pounds avoirdupois (0.90718 metric ton).
Total moisture means the measure of weight loss in an air atmosphere
under rigidly controlled conditions of temperature, time and air flow,
as determined according to either Sec. 870.19(a) or Sec. 870.20(a).
Underground coal mining means the extraction of coal from the earth
by developing entries from the surface to the coal seam before
recovering the coal by underground extraction methods, and includes in
situ mining.
Value means gross value at the time of initial bona fide sale,
transfer of ownership, or use by the operator, but does not include the
reclamation fee required by this part.
[47 FR 28593, June 30, 1982, as amended at 53 FR 19726, May 27, 1988; 59
FR 28168, May 31, 1994; 60 FR 9980, Feb. 22, 1995; 62 FR 60142, Nov. 6,
1997]
Effective Date Note: At 59 FR 60318, Nov. 23, 1994, in Sec. 870.5,
the definition of Qualified hydrologic unit was suspended in so far as
it does not require a hydrologic unit to be both:
(1) Eligible pursuant to Section 404 and include any of the first
three priorities stated in Section 403(a), and
(2) Proposed to be the subject of expenditures by the State (from
amounts available from the forfeiture of a bond required under Section
509 or from other State sources) to mitigate acid mine drainage in order
to be considered a qualified hydrologic unit.
Sec. 870.10 Information collection.
The collections of information contained in part 870 and the Form
OSM-1 have been approved by the Office of Management and Budget under 44
U.S.C. 3501 et seq. and assigned clearance numbers 1029-0090 and 1029-
0063 respectively. The information will be
[[Page 407]]
used by the Office of Surface Mining Reclamation and Enforcement to
determine whether coal mine operators are reporting accurate production
figures and paying proper fees. Response is mandatory in accordance with
Public Law 95-87. Public reporting burden for this collection of
information is estimated to average 2 hours (1029-0090) and 16 minutes
(1029-0063) per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
burden, to the Office of Surface Mining Reclamation and Enforcement,
Information Collection Clearance Officer, room 640 N.C., 1951
Constitution Avenue NW., Washington, DC 20240 and the Office of
Management and Budget, Paperwork Reduction Project (1029-0063) or (1029-
0090), Washington, DC 20503.
[59 FR 28169, May 31, 1994]
Sec. 870.11 Applicability.
The regulations in this part apply to all surface and underground
coal mining operations except--
(a) The extraction of coal by a landowner for his own noncommercial
use from land owned or leased by him;
(b) The extraction of coal for commercial purposes by surface coal
mining operations which affects two acres or less during the life of the
mine;
(c) The extraction of coal as an incidental part of Federal, State,
or local government-financed highway or other construction;
(d) The extraction of coal incidental to the extraction of other
minerals where coal does not exceed 16\2/3\ percent of the total tonnage
of coal and other minerals removed for commercial use or sale
(1) In accordance with part 702 of this chapter for Federal program
States and on Indian lands or
(2) In any twelve consecutive months in a State with an approved
State program until counterpart regulations pursuant to part 702 of this
chapter have been incorporated into the State program and in accordance
with such counterpart regulations, thereafter; and
(e) The extraction of less than 250 tons of coal within twelve
consecutive months.
[47 FR 28593, June 30, 1982, as amended at 54 FR 52123, Dec. 20, 1989;
54 FR 52123, Dec. 20, 1989]
Effective Date Note: At 52 FR 21229, June 4, 1987, in Sec. 870.11
paragraph (b) was suspended insofar as it excepts from the applicability
of 30 CFR part 870:
(1) Any surface coal mining operations commencing on or after June
6, 1987; and
(2) Any surface coal mining operations conducted on or after
November 8, 1987.
Sec. 870.12 Reclamation fee.
(a) The operator shall pay a reclamation fee on each ton of coal
produced for sale, transfer, or use, including the products of in situ
mining.
(b) The fee shall be determined by the weight and value at the time
of initial bona fide sale, transfer of ownership, or use by the
operator.
(1) The initial bona fide sale, transfer of ownership, or use shall
be determined by the first transaction or use of the coal by the
operator immediately after it is severed, or removed from a reclaimed
coal refuse deposit.
(2) The value of the coal shall be determined F.O.B. mine.
(3) The weight of each ton shall be determined by the actual gross
weight of the coal.
(i) Impurities that have not been removed prior to the time of
initial bona fide sale, transfer of ownership, or use by the operator,
excluding excess moisture for which a reduction has been taken pursuant
to Sec. 870.18, shall not be deducted from the gross weight.
(ii) Operators selling coal on a clean coal basis shall retain
records that show run-of-mine tonnage, and the basis for the clean coal
transaction.
(iii) Insufficient records shall subject the operator to fees based
on raw tonnage data.
(c) If the operator combines surface mined coal, including reclaimed
coal, with underground mined coal before the coal is weighed for fee
purposes, the higher reclamation fee shall apply, unless the operator
can substantiate the amount of coal produced by surface
[[Page 408]]
mining by acceptable engineering calculations or other reports which the
Director may require.
(d) The reclamation fee shall be paid after the end of each calendar
quarter beginning with the calendar quarter starting October 1, 1977,
and ending September 30, 2004.
[47 FR 28593, June 30, 1982, as amended at 53 FR 19726, May 27, 1988; 59
FR 28169, May 31, 1994]
Sec. 870.13 Fee computations.
(a) Surface mining fees. The fee for anthracite, bituminous, and
subbituminous coal, including reclaimed coal, is 35 cents per ton unless
the value of such coal is less than $3.50 per ton, in which case the fee
is 10 percent of the value.
(b) Underground mining fees. The fee for anthracite, bituminous, and
subbituminous coal is 15 cents per ton unless the value of such coal is
less than $1.50 per ton, in which case the fee is 10 percent of the
value.
(c) Surface and underground mining fees for lignite coal. The fee
for lignite coal is 10 cents per ton unless the value of such coal is
less than $5.00 per ton, in which case the fee charged is 2 percent of
the value.
(d) In situ coal mining fees. The fee for in situ mined coal, except
lignite coal, is 15 cents per ton based on Btu's per ton in place
equated to the gas produced at the site as certified through analysis by
an independent laboratory. The fee for in situ mined lignite is 10 cents
per ton based on the Btu's per ton of coal in place equated to the gas
produced at the site as certified through analysis by an independent
laboratory.
Sec. 870.14 Determination of percentage-based fees.
(a) If the operator submits a fee based on a percentage of the value
of coal, the operator shall include, with his fee and production report,
documentation supporting the alleged coal value. Based on this
information and any additional documentation; including examination of
the operator's books and records, that the Director may require, the
Director may accept the valuation submitted by the operator, or may
otherwise determine the value of the coal.
(b) If the Director determines that a higher fee shall be paid, the
operator shall submit the additional fee together with interest computed
under Sec. 870.15(c).
Sec. 870.15 Reclamation fee payment.
(a) Each operator shall pay the reclamation fee based on calendar
quarter tonnage no later than thirty days after the end of each calendar
quarter.
(b) Each operator must use mine report Form OSM-1 (or any approved
successor form) to report the tonnage of coal sold, used, or
transferred. The report must also include the name and address of any
person or entity who, in a given quarter, is the owner of 10 percent or
more of the mineral estate for a given permit, and any entity or
individual who, in a given quarter, purchases ten percent or more of the
production from a given permit during the applicable quarter. The
operator can file a report under this section either in paper format or
in electronic format as specified in Sec. 870.17. If no single mineral
owner or purchaser meets the 10 percent rule, then the largest single
mineral owner and purchaser shall be reported. If several persons have
successively transferred the mineral rights, information shall be
provided on the last owner(s) in the chain prior to the permittee, i.e.
the person or persons who have granted the permittee the right to
extract the coal. At the time of reporting, a submitter may designate
such information as confidential.
(c) As of April 1, 1983, delinquent reclamation fee payments are
subject to interest at the rate established quarterly by the U.S.
Department of the Treasury for use in applying late charges on late
payments to the Federal Government, pursuant to Treasury Fiscal
Requirements Manual 6-8020.20. The Treasury current value of funds rate
is published by the Fiscal Service in the Notices section of the Federal
Register. Interest on unpaid reclamation fees shall begin to accure on
the 31st day following the end of the calendar quarter for which the fee
payment is owed and will run until the
[[Page 409]]
date of payment. OSM will bill delinquent operators on a monthly basis
and initiate whatever action is necessary to secure full payment of all
fees and interest. All operators who receive a Coal Sales and
Reclamation Fee Report (Form OSM-1), including those with zero sales,
uses, or transfers, must submit a completed Form OSM-1, as well as any
fee payment due. Fee payments postmarked later than thirty days after
the calendar quarter for which the fee was owed will be subject to
interest.
(d)(1) An operator who owes total quarterly reclamation fees of
$25,000 or more for one or more mines shall:
(i) Use an electronic fund transfer mechanism approved by the U.S.
Department of the Treasury;
(ii) Forward its payments by electronic transfer;
(iii) Include the applicable Master Entity No.(s) (Part 1--Block 4
on the OSM-1 form), and OSM Document No.(s) (Part 1--upper right corner
of the OSM-1 form) on the wire message; and
(iv) Use OSM's approved form or approved electronic form to report
coal tonnage sold, used, or for which ownership was transferred, to the
address indicated in the Instructions for Completing the OSM-1 Form.
(2) An operator who owes less than $25,000 in quarterly reclamation
fees for one or more mines may:
(i) Forward payments by electronic transfer in accordance with the
procedures specified in paragraph (d)(1) of this section; or
(ii) Submit a check or money order payable to the Office of Surface
Mining Reclamation and Enforcement, in the same envelope with OSM's
approved form to: Office of Surface Mining Reclamation and Enforcement,
P.O. Box 360095M, Pittsburgh, Pennsylvania 15251.
(3) An operator who submits a payment of more than $25,000 by a
method other than an electronic fund transfer mechanism approved by the
U.S. Department of the Treasury shall be in violation of the Surface
Mining Control and Reclamation Act of 1977, as amended.
(e) Failure to pay overdue reclamation fees, including interest on
late payments or underpayments, failure to maintain adequate records, or
failure to provide access to records of a surface coal mining operation
may result in one or more of the following actions: (1) Initiation of
litigation; (2) reporting to the Internal Revenue Service; (3) reporting
to State agencies responsible for taxation; (4) reporting to credit
bureaus; or (5) referral to collection agencies. Such remedies are not
exclusive.
(f) When a reclamation fee debt is greater than 91 days overdue, a 6
percent per annum penalty shall begin to accure on the amount owed for
fees and will run until the date of payment. This penalty is in addition
to the interest described in paragraph (c) of this section.
(g)(1) For all delinquent fees, interest and any penalties, the
debtor will be required to pay a processing and handling charge which
shall be based upon the following components:
(i) For debts referred to a collection agency, the amount charged to
OSM by the collection agency;
(ii) For debts processed and handled by OSM, a standard amount set
annually by OSM based upon similar charges by collection agencies for
debt collection;
(iii) For debts referred to the Solicitor, Department of the
Interior, but paid prior to litigation, the estimated average cost to
prepare the case for litigation as of the time of payment;
(iv) For debts referred to the Solicitor, Department of the
Interior, and litigated, the estimated cost to prepare and litigate a
debt case as of the time of payment; and
(v) If not otherwise provided for, all other administrative expenses
associated with collection, including, but not limited to, billing,
recording payments, and follow-up actions.
(2) No prejudgment interest accrues on any processing and handling
charges.
(Pub. L. 95-87, 30 U.S.C. 1201 et seq.; Pub. L. 97-365, 5 U.S.C. 5514 et
seq.)
[47 FR 28593, June 30, 1982, as amended at 48 FR 11100, Mar. 15, 1983;
49 FR 27499, July 5, 1984; 59 FR 14479, Mar. 28, 1994; 59 FR 28169, May
31, 1994; 66 FR 28636, May 23, 2001]
[[Page 410]]
Sec. 870.16 Production records.
(a) Any person engaging in or conducting a surface coal mining
operation shall maintain, on a current basis, records that contain at
least the following information:
(1) Tons of coal produced, bought, sold or transferred, amount
received per ton, name of person to whom sold or transferred, and the
date of each sale or transfer.
(2) Tons of coal used by the operator and date of consumption.
(3) Tons of coal stockpiled or inventoried which are not classified
as sold for fee computation purposes under Sec. 870.12.
(4) For in situ coal mining operations, total BTU value of gas
produced, the BTU value of a ton of coal in place certified at least
semiannually by an independent laboratory, and the amount received for
gas sold, transferred, or used.
(b) OSM fee compliance officers and other authorized representatives
shall have access to records of any surface coal mining operation for
the purpose of determining compliance of that or any other such
operation with this part.
(c) Any person engaging in or conducting a surface coal mining
operation shall make available any book or record necessary to
substantiate the accuracy of reclamation fee reports and payments at
reasonable times for inspection and copying by OSM fee compliance
officers. If the fee is paid at the maximum rate, the fee compliance
officers shall not copy information relative to price. All copied
information shall be protected to the extent authorized or required by
the Privacy Act and the Freedom of Information Act (5 U.S.C. 552 (a),
(b)).
(d) Any persons engaging in or conducting a surface coal mining
operation shall maintain books and records for a period of 6 years from
the end of the calendar quarter in which the fee was due or paid,
whichever is later.
(e)(1) If an operator of a surface coal mining operation fails to
maintain or make available the records as required in this section, OSM
shall make an estimate of fee liability under this part through use of
average production figures based upon the nature and acreage of the coal
mining operation in question, then assess the fee at the amount
estimated to be due, plus a 20 percent upward adjustment for possible
error.
(2) Following an OSM estimate of fee liability, an operator may
request OSM to revise the estimate based upon information provided by
the operator. The operator has the burden of demonstrating that the
estimate is incorrect by providing documentation acceptable to OSM, and
comparable to information required in Sec. 870.16(a).
(Pub. L. 95-87, 30 U.S.C. 1201 et seq.; Pub. L. 97-365, 5 U.S.C. 5514 et
seq.)
[49 FR 27500, July 5, 1984]
Sec. 870.17 Filing the OSM-1 Form electronically.
You, the operator, may submit a quarterly electronic OSM-1 Form in
place of a quarterly paper OSM-1 Form. Submitting the OSM-1 Form
electronically is optional. If you submit your form electronically, you
must use a methodology and medium approved by OSM, and do one of the
following:
(a) Maintain a properly notarized paper copy of the identical OSM-1
Form for review and approval by OSM's Fee Compliance auditors. (This is
needed to comply with the notary requirement in the Act.); or
(b) Submit an electronically signed and dated statement made under
penalty of perjury that the information contained in the OSM-1 Form is
true and correct.
[66 FR 28636, May 23, 2001]
Sec. 870.18 General rules for calculating excess moisture.
If you are an operator who mined coal after June 1988, you may
deduct the weight of excess moisture in the coal to determine
reclamation fees you owe under 30 CFR 870.12(b)(3)(i). Excess moisture
is the difference between total moisture and inherent moisture. To
calculate excess moisture in HIGH-rank coal, follow Sec. 870.19. To
calculate excess moisture in LOW-rank coal, follow Sec. 870.20. Report
your calculations on the OSM-1 form, Coal Reclamation Fee Report, for
every calendar quarter in which you claim a deduction. Some cautions:
[[Page 411]]
(a) You or your customer may do any test required by Secs. 870.19
and 870.20. But whoever does a test, you are to keep test results and
all related records for at least six years after the test date.
(b) If OSM disallows any or all of an allowance for excess moisture,
you must submit an additional fee plus interest computed according to
Sec. 870.15(c) and penalties computed according to Sec. 870.15(f).
(c) The following definitions are applicable to Secs. 870.19 and
870.20. ASTM standards D4596-93, Standard Practice for Collection of
Channel Samples of Coal in a Mine; D5192-91, Standard Practice for
Collection of Coal Samples from Core; and, D1412-93, Standard Test
Method for Equilibrium Moisture of Coal at 96 to 97 Percent Relative
Humidity and 30 [deg]C are incorporated by reference as published in the
1994 Annual Book of ASTM Standards, Volume 05.05. The Director of the
Federal Register approved this incorporation by reference in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. Each applicable ASTM standard is
incorporated as it exists on the date of the approval, and a notice of
any change in it will be published in the Federal Register. You may
obtain copies from the ASTM, 100 Barr Harbor Drive, West Conshohocken,
Pennsylvania 19428. A copy of the ASTM standards is available for
inspection at the Office of Surface Mining Reclamation and Enforcement,
Administrative Record, Room 101, 1951 Constitution Avenue, NW.,
Washington, DC, or at the Office of the Federal Register, 800 North
Capitol St., NW., Suite 700, Washington, DC.
(1) As-shipped coal means raw or prepared coal that is loaded for
shipment from the mine or loading facility.
(2) Blended coal means coals of various qualities and predetermined
quantities mixed to control the final product.
(3) Channel sample means a sample of coal collected according to
ASTM standard D4596-93 from a channel extending from the top to the
bottom of a coal seam.
(4) Commingled coal means coal from different sources and/or types
combined prior to shipment or use.
(5) Core sample means a cylindrical sample of coal that represents
the thickness of a coal seam penetrated by drilling according to ASTM
standard D5192-91.
(6) Correction factor means the difference between the equilibrium
moisture and the inherent moisture in low rank coals for the purpose of
Sec. 870.20(a).
(7) Equilibrium moisture means the moisture in the coal as
determined through ASTM standard D1412-93.
(8) High-rank coals means anthracite, bituminous, and subbituminous
A and B coals.
(9) Low-rank coals means subbituminous C and lignite coals.
(10) Slurry pond means any natural or artificial pond or lagoon used
for the settlement and draining of the solids from the slurry resulting
from the coal washing process.
(11) Tipple coal means coal from a mine or loading facility that is
ready for shipment.
[62 FR 60142, Nov. 6, 1997]
Sec. 870.19 How to calculate excess moisture in HIGH-rank coals.
Here are the requirements for calculating the excess moisture in
high-rank coals for a calendar quarter. ASTM standards D2234-89,
Standard Test Methods for Collection of a Gross Sample of Coal; D3302-
91, Standard Test Method for Total Moisture in Coal; D5192-91, Standard
Practice for Collection of Coal Samples from Core; D1412-93, Standard
Test Method for Equilibrium Moisture of Coal at 96 to 97 Percent
Relative Humidity and 30 [deg]C; and, D4596-93, Standard Practice for
Collection of Channel Samples of Coal in a Mine are incorporated by
reference as published in the 1994 Annual Book of ASTM Standards, Volume
05.05. The Director of the Federal Register approved this incorporation
by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Each
applicable ASTM standard is incorporated as it exists on the date of the
approval, and a notice of any change in it will be published in the
Federal Register. You may obtain copies from the ASTM, 100 Barr Harbor
Drive, West Conshohocken, Pennsylvania 19428. A copy of the ASTM
standards is available for inspection at the Office of Surface Mining
Reclamation and Enforcement, Administrative Record, Room 101, 1951
[[Page 412]]
Constitution Avenue, NW., Washington, DC, or at the Office of the
Federal Register, 800 North Capitol St., NW., Suite 700, Washington, DC.
(a)(1) Calculate the excess moisture percentage using one of these
equations:
[GRAPHIC] [TIFF OMITTED] TR06NO97.000
(2) EM equals excess moisture percentage. TM equals total as-shipped
moisture percentage calculated according to Table 1 of this section. IM
equals inherent moisture percentage calculated according to Table 2 of
this section.
(b) Multiply the excess moisture percentage by the tonnage from the
bonafide sales, transfers of ownership, or uses by the operator during
the quarter.
[GRAPHIC] [TIFF OMITTED] TR06NO97.001
[[Page 413]]
[GRAPHIC] [TIFF OMITTED] TR06NO97.002
[62 FR 60143, Nov. 6, 1997]
Sec. 870.20 How to calculate excess moisture in LOW-rank coals.
Here are the requirements for calculating the excess moisture in
low-rank coals for a calendar quarter. ASTM standards D2234-89, Standard
Test Methods for Collection of a Gross Sample of Coal; D3302-91,
Standard Test Method for Total Moisture in Coal; and, D1412-93, Standard
Test Method for Equilibrium Moisture of Coal at 96 to 97 Percent
Relative Humidity and 30 [deg]C are incorporated by reference as
published in the 1994 Annual Book of ASTM Standards, Volume 05.05. The
Director of the Federal Register approved this incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Each
applicable ASTM standard is incorporated as it exists on the date of the
approval, and a notice of any change in it will be published in the
Federal Register. You may obtain copies from the ASTM, 100 Barr Harbor
Drive, West Conshohocken, Pennsylvania 19428. A copy of the ASTM
standards is available for inspection at the Office of Surface Mining
Reclamation and Enforcement, Administrative Record, Room 120, 1951
Constitution Avenue, NW., Washington, DC, or at the Office of the
[[Page 414]]
Federal Register, 800 North Capitol St., NW., Suite 700, Washington, DC.
(a)(1) Calculate the excess moisture percentage using one of these
equations:
[GRAPHIC] [TIFF OMITTED] TR06NO97.003
(2) EM equals excess moisture percentage. TM equals total as-shipped
moisture percentage calculated according to Table 1 of this section. IM
equals inherent moisture percentage calculated according to Tables 2 and
3 of this section.
(b) Multiply the excess moisture percentage by the tonnage from the
bona fide sales, transfers of ownership, or uses by the operator during
the quarter.
[GRAPHIC] [TIFF OMITTED] TR06NO97.004
[GRAPHIC] [TIFF OMITTED] TR06NO97.005
[[Page 415]]
[GRAPHIC] [TIFF OMITTED] TR06NO97.006
[62 FR 60146, Nov. 6, 1997]
PART 872--ABANDONED MINE RECLAMATION FUNDS--Table of Contents
Sec.
872.1 Scope.
872.10 Information collection.
872.11 Abandoned Mine Reclamation Fund.
872.12 State/Indian Abandoned Mine Reclamation Funds.
Authority: 30 U.S.C. 1201, et seq., as amended.
Source: 47 FR 28595, June 30, 1982, unless otherwise noted.
Sec. 872.1 Scope.
This part sets forth general responsibilities for administration of
Abandoned Mine Land Reclamation Programs and procedures for management
of the Abandoned Mine Reclamation Funds to finance such programs.
Sec. 872.10 Information collection.
The collections of information contained in part 872 have been
approved by the Office of Management and Budget under 44 U.S.C. 3501 et
seq. and assigned clearance number 1029-0054. The information will be
used by OSM to determine whether delays by States/Indian tribes in use
of allocated and granted funds were due to unavoidable delays in program
approval. Response is required to obtain a benefit in accordance with
Public Law 95-87. Public reporting burden for this information is
estimated to average one hour per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection
of information. Send comments regarding this burden estimate or any
other aspect of this collection of information, including suggestions
for reducing the burden, to the Office of Surface Mining Reclamation and
Enforcement, Information Collection Clearance Officer, room 640 N.C.,
1951 Constitution Avenue NW., Washington, DC, 20240, and the Office of
Management and Budget, Paperwork Reduction Project (1029-0054),
Washington, DC, 20503.
[59 FR 28169, May 31, 1994]
[[Page 416]]
Sec. 872.11 Abandoned Mine Reclamation Fund.
(a) Revenue to the Fund shall include--
(1) Reclamation fees collected under section 402 of the Act and part
870 of this chapter;
(2) Amounts collected by OSM from charges for use of land acquired
or reclaimed with moneys from the Fund under part 879 of this chapter;
(3) Moneys recovered by OSM through satisfaction of liens filed
against privately owned lands reclaimed with moneys from the Fund under
part 882 of this chapter;
(4) Moneys recovered by OSM from the sale of lands acquired with
moneys from the Fund or by donation; and
(5) Moneys donated to OSM for the purpose of abandoned mine land
reclamation.
(6) Interest and any other income earned from investment of the
Fund. Such interest and other income shall be credited only to the
Federal share. In addition, an amount equal to the interest earned after
September 30, 1992, shall be available pursuant to Section 402(h) of the
Act for possible future transfer to the United Mine Workers of America
Combined Benefit Fund.
(b) Moneys deposited in Fund and appropriated by the Congress shall
be used for the following purposes:
(1) An amount equal to 50 percent of the reclamation fees collected
from within a State shall be allocated at the end of the fiscal year to
the State in which they were collected. Reclamation fees collected from
Indian lands shall not be included in the calculation of amounts to be
allocated to a State. If a State advises OSM in writing that it does not
intend to submit a State reclamation plan, no monies shall be allocated
to the State. Amounts granted to a State that have not been expended
within three years from the date of grant award shall be available to
the Director for other purposes under paragraph (b)(5) of this section.
Such funds may be withdrawn from the State if the Director finds in
writing that the amounts involved are not necessary to carry out the
approved reclamation activities.
(2) An amount equal to 50 percent of the reclamation fees collected
from Indian lands shall be allocated to the Indian tribe or tribes
having an interest in those lands. This shall occur at the end of the
fiscal year in which the fees were collected. If an Indian tribe advises
OSM in writing that it does not intend to submit an Indian reclamation
plan, no monies shall be allocated to that Indian tribe. Amounts granted
to an Indian tribe that have not been expended within three years from
the date of grant award shall be available to the Director for other
purposes under paragraph (b)(5) of this section. Such funds may be
withdrawn from the Indian tribe if the Director finds in writing that
the amounts involved are not necessary to carry out the approved
reclamation activities.
(3) An amount equal to the 10 percent of the monies collected and
deposited in the Fund annually, as well as 20 percent of the interest
and other miscellaneous receipts to the Fund, if such amount is not
necessary pursuant to Section 402(h) of the Act for transfer to the
United Mine Workers of America Combined Benefit Fund, shall be allocated
by the Secretary for transfer to the U.S. Department of Agriculture's
Rural Abandoned Mine Program.
(4) An amount equal to 40 percent of the monies deposited in the
Fund annually, including interest, if not required to satisfy the
provisions of Section 402(h) of the Act, shall be allocated for use by
the Secretary to supplement annual grants to States and Indian tribes
after making the allocations referred to in paragraphs (b)(1) and (2) of
this section. States and Indian tribes eligible for supplemental grants
under this provision are those that have not certified the completion of
all coal-related reclamation under Section 411(a) of the Act and that
have not achieved the priorities stated in paragraphs (1) and (2) of
Section 403(a) of the Act. The allocation of these monies by the
Secretary to eligible States and Indian tribes shall be through a
formula based upon the amount of coal historically produced prior to
August 3, 1977, in the State or from the Indian lands concerned. Funds
to be granted to specific States or Indian tribes under this paragraph
may be reduced or curtailed under the following two conditions:
[[Page 417]]
(i) If State or Indian tribal share funds to be granted in a year
are sufficient to address all remaining eligible priority 1 or 2 coal
sites in the State or on Indian lands, no additional funds under this
paragraph will be provided during that year; or
(ii) If the cost to reclaim all remaining priority 1 or 2 coal sites
in a specific State or on a specific Indian tribe's land exceeds the
amount of State or Indian tribal share funds to be granted in a year to
that State or Indian tribe pursuant to Section 402(g)(1) of the Act, but
is less than the total amount of funds to be granted to the State or
Indian tribe in that year utilizing State or Indian tribe and Federal
funds under paragraphs (b) (1), (2), (3), and (4) of this section, the
Federal funds granted under this paragraph will be reduced to that
amount needed to fully fund all remaining priority 1 or 2 coal sites
after utilizing all available State or Indian tribe share funds.
(5) Amounts available in the Fund that are not allocated pursuant to
paragraphs (b) (1), (2), (3), and (4) of this section are authorized to
be expended by the Secretary for any of the following:
(i) The Small Operator Assistance Program under Section 507(c) of
the Act (not more than $10,000,000 annually).
(ii) Emergency projects under State, Indian tribal, and Federal
programs under Section 410 of the Act.
(iii) Nonemergency projects in States and on Indian tribal lands
that do not have an approved abandoned mine reclamation program pursuant
to Section 405 of the Act.
(iv) Administration of the Abandoned Mine Land Reclamation Program
by the Secretary.
(v) Projects authorized under Section 402(g)(4) in States and on
Indian lands that do not have an approved abandoned mine reclamation
program pursuant to Section 405 of the Act.
(6) If necessary to achieve the priorities stated in paragraphs
403(a) (1) and (2) of the Act, the Secretary, subject to the provision
below, shall grant annually not less than $2,000,000 for expenditure in
each State and Indian tribe having an approved abandoned mine land
program, provided however, that annual State or Indian tribe share funds
are utilized first, and that supplemental funds granted under this
paragraph and paragraph (b)(4) of this section shall not exceed the
costs of reclaiming all remaining priority 1 or 2 coal sites in a State
or on Indian tribal land.
(7) Funds allocated or expended annually by the Secretary under
Sections 402(g) (2), (3), or (4) of the Act for any State or Indian
tribe shall not be deducted from funds allocated or granted annually to
a State or Indian tribe under the authority of Sections 402(g) (1), (5),
or (8) of the Act.
(8) The Secretary shall expend funds pursuant to the authority in
Section 402(g)(3)(C) of the Act only in States or on Indian lands where
the State or Indian tribe does not have an abandoned mine reclamation
program approved under Section 405 of the Act.
(c) Money deposited in State or Indian Abandoned Mine Reclamation
Funds shall be used to carry out the reclamation plan approved under
part 884 of this chapter and projects approved under part 888 of this
chapter.
[47 FR 28595, June 30, 1982, as amended at 59 FR 28169, May 31, 1994]
Sec. 872.12 State/Indian Abandoned Mine Reclamation Funds.
(a) Accounts to be known as State or Indian Abandoned Mine
Reclamation Funds shall be established in each State or Indian tribal
government with approved reclamation plans. These funds will be managed
in accordance with the Office of Management and Budget Circular A-102.
(b) Revenue shall include--
(1) Amounts granted by the OSM for purposes of conducting the
approved State reclamation plan;
(2) Moneys collected from charges for uses of land acquired or
reclaimed with moneys from the State Fund under part 879 of this
chapter;
(3) Moneys recovered through the satisfaction of liens filed against
privately owned lands;
(4) Moneys recovered by the State from the sale of lands acquired
under Title IV of the Act; and
(5) Such other moneys as the State decides should be deposited in
the Fund
[[Page 418]]
for use in carrying out the approved reclamation programs.
PART 873--FUTURE RECLAMATION SET-ASIDE PROGRAM--Table of Contents
Sec.
873.1 Scope.
873.11 Applicability.
873.12 Future set-aside program criteria.
Authority: Pub. L. 95-87, (30 U.S.C. 1201 et seq.); and Pub. L. 101-
508.
Source: 59 FR 28170, May 31, 1994, unless otherwise noted.
Sec. 873.1 Scope.
This part provides requirements for the award of grants to States or
Indian tribes for the establishment of special trust accounts that will
provide funds for coal reclamation purposes after September 30, 1995.
Sec. 873.11 Applicability.
The provisions of this part apply to the granting of funds pursuant
to Section 402(g)(6) of the Act and their use by the States or Indian
tribes for coal reclamation purposes after September 30, 1995.
Sec. 873.12 Future set-aside program criteria.
(a) Any State or Indian tribe may receive and retain without regard
to the three-year limitation referred to in Section 402(g)(1)(D) of the
Act, 30 U.S.C. 1232, up to 10 percent of the total of the grant funds
made annually to such State or Indian tribe pursuant to the authority in
Sections 402(g) (1) and (5) of the Act, if such amounts are deposited
into either of the following: (1) A special fund established under State
or Indian tribal law pursuant to which such amounts (together with all
interest earned on such amounts) are expended by the State or Indian
tribe solely to achieve the priorities stated in Section 403(a) of the
Act, 30 U.S.C. 1233, after September 30, 1995; or (2) An acid mine
drainage abatement and treatment fund pursuant to 30 CFR part 876.
(b) Prior to receiving a grant pursuant to this part, a State or
Indian tribe must:
(1) Establish a special fund account providing for the earning of
interest on fund balances; and
(2) Specify that monies in the account may only be used after
September 30, 1995, by the designated State or Indian tribal agency to
achieve the priorities stated in Section 403(a) of the Act, 30 U.S.C.
1233.
(c) After the conditions specified in paragraphs (a) and (b) of this
section are met, a grant may be approved and monies deposited into the
special fund account. The monies so deposited, together with any
interest earned, shall be considered State or Indian tribal monies.
PART 874--GENERAL RECLAMATION REQUIREMENTS--Table of Contents
Sec.
874.1 Scope.
874.10 Information collection.
874.11 Applicability.
874.12 Eligible coal lands and water.
874.13 Reclamation objectives and priorities.
874.14 Utilities and other facilities.
874.15 Limited liability.
874.16 Contractor eligibility.
874.17 AML agency procedures for reclamation projects receiving less
than 50 percent government funding.
Authority: 30 U.S.C. 1201 et seq.
Source: 47 FR 28596, June 30, 1982, unless otherwise noted.
Sec. 874.1 Scope.
This part establishes land and water eligibility requirements,
reclamation objectives and priorities, and reclamation contractor
responsibility.
[59 FR 28171, May 31, 1994]
Sec. 874.10 Information collection.
(a) In accordance with 44 U.S.C. 3501 et seq., the Office of
Management and Budget (OMB) has approved the information collection
requirements of this part. The OMB clearance number is 1029-0113. This
information is needed to ensure that appropriate reclamation projects
involving the incidental extraction of coal are conducted under the
authority of Section 528(2) of
[[Page 419]]
SMCRA and that selected projects contain sufficient environmental
safeguards. Persons must respond to obtain a benefit.
(b) OSM estimates that the public reporting burden for this part
will average 60 hours per project, including time spent reviewing
instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of
information. Send comments regarding this burden estimate or any other
aspect of these information collection requirements, including
suggestions for reducing the burden, to the Office of Surface Mining
Reclamation and Enforcement, Information Collection Clearance Officer,
1951 Constitution Avenue, NW., Washington, DC 20240; and the Office of
Management and Budget, Office of Information and Regulatory Affairs,
Attention: Interior Desk Officer, 725 17th Street, NW., Washington, DC
20503. Please refer to OMB Control Number 1029-0113 in any
correspondence.
[64 FR 7482, Feb. 12, 1999]
Sec. 874.11 Applicability.
The provisions of this part apply to all reclamation projects
carried out with monies from the AML Fund.
[59 FR 28171, May 31, 1994]
Sec. 874.12 Eligible coal lands and water.
Coal lands and water are eligible for reclamation activities if--
(a) They were mined for coal or affected by coal mining processes;
(b) They were mined prior to August 3, 1977, and left or abandoned
in either an unreclaimed or inadequately reclaimed condition; and
(c) 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 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, additional moneys from the Fund may be
sought under parts 886 or 888 of this chapter.
(d) Notwithstanding paragraphs (a), (b), and (c) of this section,
coal lands and waters in a State or on Indian lands damaged and
abandoned after August 3, 1977, by coal mining processes are also
eligible for funding if the Secretary finds in writing that:
(1) They were mined for coal or affected by coal mining processes;
and
(2) The mining occurred and the site was left in either an
unreclaimed or inadequately reclaimed condition between August 4, 1977,
and:
(i) The date on which the Secretary approved a State regulatory
program pursuant to Section 503 of the Act (30 U.S.C. 1253) for a State
or September 28, 1994, for an Indian tribe, and that any funds for
reclamation or abatement that are available pursuant to a bond or other
form of financial guarantee or from any other source are not sufficient
to provide for adequate reclamation or abatement at the site; or
(ii) November 5, 1990, that the surety of the mining operator became
insolvent during such period and that, as of November 5, 1990, funds
immediately available from proceedings relating to such insolvency or
from any financial guarantee or other source are not sufficient to
provide for adequate reclamation or abatement at the site; and
(3) The site qualifies as a priority 1 or 2 site pursuant to Section
403(a)(1) and (2) of the Act. Priority will be given to those sites that
are in the immediate vicinity of a residential area or that have an
adverse economic impact upon a community.
(e) Any State or Indian tribe may expend funds may available under
paragraphs 402(g)(1) and (5) of the Act (30 U.S.C. 1232(g)(1) and (5))
for reclamation and abatement of any site eligible under paragraph (d)
of this section, if the State or Indian tribe, with the concurrence of
the Secretary, makes the findings required in paragraph (d) of this
section and the State or Indian tribe determines that the reclamation
priority of the site is the same or more urgent than the reclamation
priority for the lands and water eligible pursuant to paragraphs (a),
(b) or (c) of this section that qualify as a priority 1 or 2 site under
Section 403(a) of the Act (30 U.S.C. 1233(a)).
[[Page 420]]
(f) With respect to lands eligible pursuant to paragraph (d) or (e)
of this section, monies available from sources outside the Abandoned
Mine Reclamation Fund or that are ultimately recovered from responsible
parties shall either be used to offset the cost of the reclamation or
transferred to the Abandoned Mine Reclamation Fund if not required for
further reclamation activities at the permitted site.
(g) If reclamation of a site covered by an interim or permanent
program permit is carried out under the Abandoned Mine Land Program, the
permittee of the site shall reimburse the Abandoned Mine Land Fund for
the cost of reclamation that is in excess of any bond forfeited to
ensure reclamation. Neither the Secretary nor a State or Indian tribe
performing reclamation under paragraph (d) or (e) of this section shall
be held liable for any violations of any performance standards or
reclamation requirements specified in Title V of the Act nor shall a
reclamation activity undertaken on such lands or waters be held to any
standards set forth in Title V of the Act.
(h) Surface coal mining operations on lands eligible for remining
pursuant to Section 404 of the Act shall not affect the eligibility of
such lands for reclamation activities after the release of the bonds or
deposits posted by any such operation as provided by Sec. 800.40 of this
chapter. If the bond or deposit for a surface coal mining operation on
lands eligible for remining is forfeited, funds available under this
title may be used if the amount of such bond or deposit is not
sufficient to provide for adequate reclamation or abatement, except that
if conditions warrant the Secretary shall immediately exercise his/her
authority under Section 410 of the Act.
[47 FR 28596, June 30, 1982, as amended at 59 FR 28171, May 31, 1994]
Sec. 874.13 Reclamation objectives and priorities.
(a) Reclamation projects should be accomplished in accordance with
OSM's ``Final Guidelines for Reclamation Programs and Projects'' (45 FR
14810-14819, March 6, 1980).
(b) Reclamation projects shall reflect the priorities of Section
403(a) of the Act (30 U.S.C. 1233). Generally, projects lower than a
priority 2 should not be undertaken until all known higher priority coal
projects either have been accomplished, are in the process of being
reclaimed, or have been approved for funding by the Secretary, except in
those instances where such lower priority projects may be undertaken in
conjunction with a priority 1 or 2 site in accordance with OSM's ``Final
Guidelines for Reclamation Programs and Projects.''
[59 FR 28171, May 31, 1994]
Sec. 874.14 Utilities and other facilities.
(a) Any state or Indian tribe that has not certified the completion
of all coal-related reclamation under Section 411(a) of the Act, 30
U.S.C. 1241(a), may expend up to 30 percent of the funds granted
annually to such State or Indian tribe pursuant to the authority in
Sections 402(g) (1) and (5) of the Act for the purpose of protecting,
repairing, replacing, constructing, or enhancing facilities relating to
water supplies, including water distribution facilities and treatment
plants, to replace water supplies adversely affected by coal mining
practices.
(b) If the adverse effect on water supplies referred to in this
section occurred both prior to and after August 3, 1977, the project
shall remain eligible, notwithstanding the criteria specified in 30 CFR
874.12(b), if the State or Indian tribe finds in writing, as part of its
eligibility opinion, that such adverse affects are due predominately to
effects of mining processes undertaken and abandoned prior to August 3,
1977.
(c) If the adverse effect on water supplies referred to in this
section occurred both prior to and after the dates (and under the
criteria) set forth under Section 402(g)(4)(B) of the Act, the project
shall remain eligible, notwithstanding the criteria specified in 30 CFR
874.12(b), if the State or Indian tribe finds in writing, as part of its
eligibility opinion, that such adverse effects are due predominately to
the effects of mining processes undertaken and abandoned prior to those
dates.
(d) Enhancement of facilities or utilities under this section shall
include upgrading necessary to meet any local,
[[Page 421]]
State, or Federal public health or safety requirement. Enhancement shall
not include, however, any service area expansion of a utility or
facility not necessary to address a specific abandoned mine land
problem.
[59 FR 28171, May 31, 1994]
Sec. 874.15 Limited liability.
No State or Indian tribe shall 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 or Indian tribe
abandoned mine reclamation plan. This section shall not preclude
liability for costs or damages as a result of gross negligence or
intentional misconduct by the State or Indian tribe. For purposes of
this section, reckless, willful, or wanton misconduct shall constitute
gross negligence or intentional misconduct.
[59 FR 28172, May 31, 1994]
Sec. 874.16 Contractor eligibility.
To receive AML funds, every successful bidder for an AML contract
must be eligible under Secs. 773.12, 773.13, and 773.14 of this chapter
at the time of contract award to receive a permit or provisionally
issued permit to conduct surface coal mining operations.
[65 FR 79671, Dec. 19, 2000]
Sec. 874.17 AML agency procedures for reclamation projects receiving less than 50 percent government funding.
This section tells you, the AML agency, what to do when considering
an abandoned mine land reclamation project as government-financed
construction under part 707 of this chapter. This section only applies
if the level of funding for the construction will be less than 50
percent of the total cost because of planned coal extraction.
(a) Consultation with the Title V regulatory authority. In
consultation with the Title V regulatory authority, you must make the
following determinations:
(1) You must determine the likelihood of the coal being mined under
a Title V permit. This determination must take into account available
information such as:
(i) Coal reserves from existing mine maps or other sources;
(ii) Existing environmental conditions;
(iii) All prior mining activity on or adjacent to the site;
(iv) Current and historic coal production in the area; and
(v) Any known or anticipated interest in mining the site.
(2) You must determine the likelihood that nearby or adjacent mining
activities might create new environmental problems or adversely affect
existing environmental problems at the site.
(3) You must determine the likelihood that reclamation activities at
the site might adversely affect nearby or adjacent mining activities.
(b) Concurrence with the Title V regulatory authority. If, after
consulting with the Title V regulatory authority, you decide to proceed
with the reclamation project, then you and the Title V regulatory
authority must concur in the following determinations:
(1) You must concur in a determination of the limits on any coal
refuse, coal waste, or other coal deposits which can be extracted under
the part 707 exemption or counterpart State/Indian Tribe laws and
regulations.
(2) You must concur in the delineation of the boundaries of the AML
project.
(c) Documentation. You must include in the AML case file:
(1) The determinations made under paragraphs (a) and (b) of this
section;
(2) The information taken into account in making the determinations;
and
(3) The names of the parties making the determinations.
(d) Special requirements. For each project, you must:
(1) Characterize the site in terms of mine drainage, active slides
and slide-prone areas, erosion and sedimentation, vegetation, toxic
materials, and hydrologic balance;
(2) Ensure that the reclamation project is conducted in accordance
with the provisions of 30 CFR subchapter R;
(3) Develop specific-site reclamation requirements, including
performance
[[Page 422]]
bonds when appropriate in accordance with State procedures; and
(4) Require the contractor conducting the reclamation to provide
prior to the time reclamation begins applicable documents that clearly
authorize the extraction of coal and payment of royalties.
(e) Limitation. If the reclamation contractor extracts coal beyond
the limits of the incidental coal specified in paragraph (b)(1) of this
section, the contractor must obtain a permit under Title V of SMCRA for
such coal.
[64 FR 7483, Feb. 12, 1999]
PART 875--NONCOAL RECLAMATION--Table of Contents
Sec.
875.1 Scope.
875.10 Information collection.
875.11 Applicability.
875.12 Eligible lands and water prior to certification.
875.13 Certification of completion of coal sites.
875.14 Eligible lands and water subsequent to certification.
875.15 Reclamation priorities for noncoal program.
875.16 Exclusion of certain noncoal reclamation sites.
875.17 Land acquisition authority--noncoal.
875.18 Lien requirements.
875.19 Limited liability.
875.20 Contractor eligibility.
Authority: 30 U.S.C. 1201 et seq.
Source: 47 FR 28596, June 30, 1982, unless otherwise noted.
Sec. 875.1 Scope.
This part establishes land and water eligibility requirements and
for noncoal reclamation.
Sec. 875.10 Information collection.
The collection of information contained in part 875 have been
approved by the Office of Management and Budget under 44 U.S.C. 3501 et
seq. and assigned clearance number 1029-0103. The information will be
used to determine if noncoal reclamation is being accomplished according
to legislative mandate. Response is required to obtain a benefit in
accordance with Public Law 95-87. Public reporting burden for this
information is estimated to average 32 hours per response, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden
estimate or any other aspect of this collection of information,
including suggestions for reducing the burden, to the Office of Surface
Mining Reclamation and Enforcement, Information Collection Clearance
Officer, room 640 N.C., 1951 Constitution Avenue NW., Washington, DC
20240 and the Office of Management and Budget, Paperwork Reduction
Project (1029-0103), Washington, DC 20503.
[59 FR 28172, May 31, 1994]
Sec. 875.11 Applicability.
The provisions of this part apply to all reclamation projects on
lands or water mined or affected by mining of minerals and materials
other than coal and are to be carried out with money from the Fund and
administered by a State or Indian tribe under an approved reclamation
program according to part 884 of this chapter.
Sec. 875.12 Eligible lands and water prior to certification.
Noncoal lands and water are eligible for reclamation if:
(a) They were mined or affected by mining processes;
(b) They were mined and left or abandoned in either an unreclaimed
or inadequately reclaimed condition prior to August 3, 1977;
(c) 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 parts 886 or 888 of this chapter;
(d) The reclamation has been requested by the Governor of the State
or equivalent head of the Indian tribe; and
[[Page 423]]
(e) The reclamation is necessary to protect the public health,
safety, general welfare, and property from extreme danger of adverse
effects of noncoal mining practices.
[59 FR 28172, May 31, 1994]
Sec. 875.13 Certification of completion of coal sites.
(a) The Governor of a State, or the equivalent head of an Indian
tribe, may submit to the Secretary a certification of completion
expressing the finding that the State or Indian tribe has achieved all
existing known coal-related reclamation objectives for eligible lands
and waters pursuant to Section 404 of the Act (30 U.S.C. 1234), 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:
(1) 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 403(a) (1) through (5).
(2) A brief summary and resolution of all relevant public comments
concerning coal-related impacts, problems, and reclamation projects
received by the State or Indian tribe prior to preparation of the
certification of completion.
(3) A State or Indian tribe 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.
(b) After review and verification of the information contained in
the certification of completion, the Director shall provide notice in
the Federal Register and opportunity for public comment. After receipt
and evaluation of all public comments and a determination by the
Director that the certification is correct, the Director shall concur
with the certification and provide final notice of such concurrence in
the Federal Register. This concurrence shall be based upon the State's
or Indian tribes commitment to give top priority to any coal problem
which may thereafter be found or occur.
(c) Following concurrence by the Director, a State or Indian tribe
may implement a noncoal reclamation program pursuant to provisions in
Section 411 of SMCRA.
[59 FR 28172, May 31, 1994]
Sec. 875.14 Eligible lands and water subsequent to certification.
(a) Following certification by the State or Indian tribe 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--
(1) 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
(2) For which there is no continuing reclamation responsibility
under State or other Federal laws.
(b) If eligible coal problems are found or occur after certification
under Sec. 875.13, a State or Indian tribe must address the coal problem
utilizing State or Indian tribe share funds no later than the next grant
cycle, subject to the availability of funds distributed to the State or
Indian tribe in that cycle. The coal project would be subject to the
coal provisions specified in Sections 401 through 410 of SMCRA.
[59 FR 28172, May 31, 1994]
Sec. 875.15 Reclamation priorities for noncoal program.
(a) 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
[[Page 424]]
of public facilities in communities impacted by coal or other mineral
mining and processing practices.
(b) Following certification pursuant to Sec. 875.13, the projects
and construction of public facilities identified in paragraph (a) of
this section shall reflect the following priorities in the order stated:
(1) The protection of public health, safety, general welfare and
property from the extreme danger of adverse effects of mineral mining
and processing practices;
(2) The protection of public health, safety, and general welfare
from the adverse effects of mineral mining and processing practices; and
(3) The restoration of land and water resources and the environment
previously degraded by the adverse effects of mineral mining and
processing practices.
(c) 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.
(d) Notwithstanding the requirements specified in paragraph (a) of
this section, where the Governor of a State or the equivalent head of an
Indian tribe, after determining that there is a need for activities or
construction of specific public facilities related to the coal or
minerals industry in States or on Tribal lands impacted by coal or
minerals development, submits a grant application as required by
paragraph (d) of this section and the Director concurs in such need, as
set forth in paragraph (e) of this section, the Director may grant funds
made available under section 402(g)(1) of the Act, 30 U.S.C. 1232, to
carry out such activities or construction.
(e) To qualify for funding pursuant to the authority in paragraph
(c) of this section, a State or Indian tribe must submit a grant
application that specifically sets forth:
(1) The need or urgency for the activity or the construction of the
public facility;
(2) The expected impact the project will have on the coal or
minerals industry in the State or Indian tribe;
(3) The availability of funding from other sources and, if other
funding is provided, its percentage of the total costs involved;
(4) 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;
(5) The impact on the State or Indian tribe, the public, and the
minerals industry if the activity or facility is not funded;
(6) 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
(7) An analysis and review of the procedures used by the State or
Indian tribe to notify and involve the public in this funding request
and a copy of all comments received and their resolution by the State or
Indian tribe.
(f) After review of the information contained in the application,
the Director shall prepare a Federal Register notice regarding the
State's or Indian tribe's submission and provide for public comment.
After receipt and evaluation of the comments and a determination that
the funding meets the requirements of the regulations in this part and
is in the best interests of the State or Indian tribe AML program, the
Director shall approve the request for funding the activity or
construction at a cost commensurate with its benefits towards achieving
the purposes of the Surface Mining Control and Reclamation Act of 1977.
[59 FR 28173, May 31, 1994]
Sec. 875.16 Exclusion of certain noncoal reclamation sites.
Money from the Fund 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
[[Page 425]]
Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
[59 FR 28173, May 31, 1994]
Sec. 875.17 Land acquisition authority--noncoal.
The requirements specified in Parts 877 (Rights of Entry) and 879
(Acquisition, Management and Disposition of Lands and Water) shall apply
to a State's or Indian tribe'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.
[59 FR 28173, May 31, 1994]
Sec. 875.18 Lien requirements.
The lien requirements found in Part 882--Reclamation on Private Land
shall apply to a State's or Indian tribe's noncoal reclamation program
under Section 411 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.
[59 FR 28173, May 31, 1994]
Sec. 875.19 Limited liability.
No State or Indian tribe shall 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 or Indian tribe
abandoned mine reclamation plan. This section shall not preclude
liability for costs or damages as a result of gross negligence or
intentional misconduct by the State or Indian tribe. For purposes of the
preceding sentence, reckless, willful, or wanton misconduct shall
constitute gross negligence or intentional misconduct.
[59 FR 28173, May 31, 1994]
Sec. 875.20 Contractor eligibility.
To receive AML funds for noncoal reclamation, every successful
bidder for an AML contract must be eligible under Secs. 773.12, 773.13,
and 773.14 of this chapter at the time of contract award to receive a
permit or provisionally issued permit to conduct surface coal mining
operations.
[65 FR 79671, Dec. 19, 2000]
PART 876--ACID MINE DRAINAGE TREATMENT AND ABATEMENT PROGRAM--Table of Contents
Sec.
876.1 Scope.
876.10 Information collection.
876.12 Eligibility.
876.13 Plan content.
876.14 Plan approval.
Authority: 30 U.S.C. 1201 et seq., as amended.
Source: 59 FR 28174, May 31, 1994, unless otherwise noted.
Sec. 876.1 Scope.
This part establishes the requirements and procedures for the
preparation, submission and approval of State or Indian tribe Acid Mine
Drainage Treatment and Abatement Programs.
Sec. 876.10 Information collection.
The collections of information contained in part 876 have been
approved by the Office of Management and Budget under 44 U.S.C. 3501 et
seq. and assigned clearance number 1029-0104. The information will be
used to determine if the State's or Indian tribe's Acid Mine Drainage
Abatement and Treatment Programs are being established according to
legislative mandate. Response is required to obtain a benefit in
accordance with Public Law 95-87. Public reporting burden for this
information is estimated to average 1,040 hours per response, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden
estimate or any other aspect of this collection of information,
including suggestions for reducing the burden, to the Office of Surface
Mining Reclamation and Enforcement, Information Collection Clearance
Officer, room 640 N.C., 1951 Constitution Avenue NW., Washington, DC
20240 and the Office of Management and Budget, Paperwork Reduction
Project (1029-0104), Washington, DC 20503.
Sec. 876.12 Eligibility.
(a) Any State or Indian tribe having an approved abandoned mine land
program may receive and retain, without
[[Page 426]]
regard to the three-year limitation set forth in Section 402(g)(1)(D) of
the Act, up to 10 percent of the total of the grants made under Section
402(g) (1) and (5) of the Act to such State or Indian tribe for the
purpose of abandoned mine land reclamation if such amounts are deposited
into either:
(1) A special fund established under State or Indian tribal law
pursuant to which such amounts (together with all interest earned) are
expended by the State or Indian tribe solely to achieve the priorities
stated in Section 403(a) after September 30, 1995; or
(2) An acid mine drainage abatement and treatment fund established
under State or Indian tribal law.
(b) Any State or Indian tribe may establish under State or Indian
tribal law an acid mine drainage abatement and treatment fund from which
amounts (together with all interest earned on such amounts) are expended
by the State or Indian tribe to implement, in consultation with the Soil
Conservation Service, acid mine drainage abatement and treatment plans
approved by the Director.
Sec. 876.13 Plan content.
Acid Mine Drainage Abatement Plans shall provide for the
comprehensive abatement of the causes and treatment of the effects of
acid mine drainage within qualified hydrologic units affected by coal
mining practices. The plan shall include, but shall not be limited to,
each of the following:
(a) An identification of the qualified hydrologic unit;
(b) The extent to which acid mine drainage is affecting the water
quality and biological resources within the hydrologic unit;
(c) An identification of the sources of acid mine drainage within
the hydrologic unit;
(d) An identification of individual projects and the measures
proposed to be undertaken to abate and treat the causes or effects of
acid mine drainage within the hydrologic unit;
(e) The cost of undertaking the proposed abatement and treatment
measures;
(f) An identification of existing and proposed sources of funding
for such measures; and
(g) An analysis of the cost-effectiveness and environmental benefits
of abatement and treatment measures.
Sec. 876.14 Plan approval.
The Director may approve any plan under Sec. 876.13(b) only after
determining that such plan meets the requirements of Sec. 876.13. In
conducting an analysis of the items referred to in Sec. 876.13(d), (e)
and (g), the Director shall obtain the comments of the Director of the
U.S. Bureau of Mines. In approving plans under this section, the
Director shall give priority to those plans which will be implemented in
coordination with measures undertaken by the Secretary of Agriculture
under the Rural Abandoned Mine Program.
PART 877--RIGHTS OF ENTRY--Table of Contents
Sec.
877.1 Scope.
877.10 Information collection.
877.11 Written consent for entry.
877.13 Entry and consent to reclaim.
877.14 Entry for emergency reclamation.
Authority: Secs. 201(c), 407 (a) and (b), 410, and 412(a), Pub. L.
95-87, 91 Stat. 449, 462, 463, and 466 (30 U.S.C. 1211, 1237, 1240, and
1242).
Source: 47 FR 28597, June 30, 1982, unless otherwise noted.
Sec. 877.1 Scope.
This part establishes procedures for entry upon lands or property by
OSM, States, and Indian tribes for reclamation purposes.
Sec. 877.10 Information collection.
The information collection requirements contained in Secs. 877.11
and 877.13(b) were approved by the Office of Management and Budget (OMB)
under 44 U.S.C. 3507 and assigned clearance number 1029-0055. This
information is being collected to meet the mandate of section 407 of the
Act, which provides that States or Indian tribes, pursuant to an
approved reclamation program, may use the police power, if necessary, to
effect entry upon private lands to conduct reclamation activities or
exploratory studies if the landowner's consent is refused or the
landowner is not available.
This information will be used by the regulatory authority to ensure
that the
[[Page 427]]
State/Indian tribe has sufficient programmatic capability to conduct
reclamation activities on private lands. The obligation to respond is
mandatory.
Sec. 877.11 Written consent for entry.
Written consent from the owner of record and lessee, or their
authorized agents, is the preferred means for obtaining agreements to
enter lands in order to carry out reclamation activities. Nonconsensual
entry by exercise of the police power will be undertaken only after
reasonable efforts have been made to obtain written consent.
Sec. 877.13 Entry and consent to reclaim.
(a) OSM, the State, or Indian tribe or its agents, employees, or
contractors may enter upon land to perform reclamation activities or
conduct studies or exploratory work to determine the existence of the
adverse effects of past coal mining if consent from the owner is
obtained.
(b) If consent is not obtained, then, prior to entry under this
section, the OSM, State, or Indian tribe shall find in writing, with
supporting reasons that--
(1) Land or water resources have been or may be adversely affected
by past coal mining practices;
(2) The adverse effects are at a state where, in the interest of the
public health, safety, or the general welfare, action to restore,
reclaim, abate, control, or prevent should be taken; and
(3) The owner of the land or water resources where entry must be
made to restore, reclaim, abate, control, or prevent the adverse effects
of past coal mining practices is not known or readily available, or the
owner will not give permission for OSM, State, or Indian tribe or its
agents, employees, or contractors to enter upon such property to
restore, reclaim, abate, control, or prevent the effects of past coal
mining practices.
(c) If consent is not obtained, OSM, State, or Indian tribe shall
give notice of its intent to enter for purposes of conducting
reclamation at least 30 days before entry upon the property. The notice
shall be in writing and shall be mailed, return receipt requested, to
the owner, if known, with a copy of the findings required by this
section. If the owner is not known, or if the current mailing address of
the owner is not known, notice shall be posted in one or more places on
the property to be entered where it is readily visible to the public and
advertised once in a newspaper of general circulation in the locality in
which the land is located. The notice posted on the property and
advertised in the newspaper shall include a statement of where the
findings required by this section may be inspected or obtained.
Sec. 877.14 Entry for emergency reclamation.
(a) OSM, its agents, employees, or contractors shall have the right
to enter upon any land where an emergency exists and on any other land
to have access to the land where the emergency exists to restore,
reclaim, abate, control, or prevent the adverse effects of coal mining
practices and to do all things necessary to protect the public health,
safety, or general welfare.
(b) Prior to entry under this section, OSM shall make a written
finding with supporting reasons that the situation qualifies as an
emergency in accordance with the requirements set out in section 410 of
the Act.
(c) Notice to the owner shall not be required prior to entry for
emergency reclamation. OSM shall make reasonable efforts to notify the
owner and obtain consent prior to entry, consistent with the emergency
conditions that exist. Written notice shall be given to the owner as
soon after entry as practical in accordance with the requirements set
out in Sec. 877.13(c) of this chapter.
PART 879--ACQUISITION, MANAGEMENT, AND DISPOSITION OF LANDS AND WATER--Table of Contents
Sec.
879.1 Scope.
879.10 Information collection.
879.11 Land eligible for acquisition.
879.12 Procedures for acquisition.
879.13 Acceptance of gifts of land.
879.14 Management of acquired land.
879.15 Disposition of reclaimed land.
[[Page 428]]
Authority: Secs. 201(c), 407 (c), (d), (e), (f), (g), and (h), and
412 (a), Pub. L. 95-87, 91 Stat. 449, 463, 464, and 466 (30 U.S.C. 1211,
1237, and 1247).
Source: 47 FR 28597, June 30, 1982, unless otherwise noted.
Sec. 879.1 Scope.
This part establishes procedures for acquisition of eligible land
and water resources for emergency abatement activities and reclamation
purposes by OSM or a State or Indian tribe under an approved reclamation
program. It also provides for the management and disposition of lands
acquired by the OSM, State, or Indian tribe and establishes requirements
for the redeposit of proceeds from the use or sale of land.
Sec. 879.10 Information collection.
The information collection requirements contained in
Secs. 879.11(b)(1), (b)(2), and (e)(3), 879.12(a), 879.13(b), and
879.15(a) and (b) were approved by the Office of Management and Budget
under 44 U.S.C. 3507 and assigned clearance number 1029-0056. This
information is being collected to meet the mandate of section 407 of the
Act, which requires that a State/Indian tribe include in its reclamation
plan assurances that the acquisition, management, and disposition of
eligible lands and water for reclamation and other designated purposes
will be accomplished in a manner prescribed by the Act. This information
will be used by the regulatory authority to ensure that the State/Indian
tribe has sufficient programmatic capability to acquire, manage, and
dispose of land in the prescribed manner. The obligation to respond is
mandatory.
Sec. 879.11 Land eligible for acquisition.
(a) Land adversely affected by past coal mining practices may be
acquired by the OSM with moneys from the Fund, or by a State or Indian
tribe if approved in advance by OSM. OSM shall find in writing that
acquisition is necessary for successful reclamation and that--
(1) The acquired land will serve recreation, historic, conservation,
and reclamation purposes or provide open space benefits after
restoration, reclamation, abatement, control, or prevention of the
adverse effects of past coal mining practices; and
(2) Permanent facilities will be constructed on the land for the
restoration, reclamation, abatement, control, or prevention of the
adverse effects of past coal mining practices.
(b)(1) Coal refuse disposal sites and all coal refuse thereon may be
acquired with moneys from the Fund by OSM or by a State or Indian tribe
if approved in advance by OSM. Prior to the approval of the acquisition
of such sites, the OSM, State, or Indian tribe shall find in writing
that the acquisition of such land is necessary for successful
reclamation and will serve the purposes of the Abandoned Mine Land
Reclamation Program.
(2) Where an emergency situation exists and a written finding as set
out in Sec. 877.14 of this chapter has been made, OSM may use Fund
moneys to acquire lands where public ownership is necessary to meet an
emergency situation and prevent recurrence of the adverse effects of
past coal mining practices.
(c) Land adversely affected by past coal mining practices may be
acquired by OSM if the acquisition with moneys from the Fund is an
integral and necessary element of an economically feasible plan or
project to construct or rehabilitate housing which meets the specific
requirements set out in section 407(h) of the Act.
(d) Land or interests in land needed to fill voids, seal abandoned
tunnels, shafts, and entryways or reclaim surface impacts of underground
or surface mines may be acquired by the OSM, State, or Indian tribe if
OSM finds that acquisition is necessary under part 875 of this chapter.
(e) The OSM, State, or Indian tribe which acquires land under this
part shall acquire only such interests in the land as are necessary for
the reclamation work planned or the postreclamation use of the land.
Interests in improvements on the land, mineral rights, or associated
water rights may be acquired if--
(1) The customary practices and laws of the State in which the land
is located will not allow severance of such interests from the surface
estate; or
(2) Such interests are necessary for the reclamation work planned or
for
[[Page 429]]
the postreclamation use of the land; and
(3) Adequate written assurances cannot be obtained from the owner of
the severed interest that future use will not be in conflict with the
reclamation to be accomplished.
Sec. 879.12 Procedures for acquisition.
(a) An appraisal of all land or interest in land to be acquired
shall be obtained by the OSM, State, or Indian tribe. The appraisal
shall state the fair market value of the land as adversely affected by
past mining.
(b) When practical, acquisition shall be by purchase from a willing
seller. The amount paid for land or interests in land acquired shall
reflect the fair market value of the land or interests in land as
adversely affected by past mining.
(c) When necessary, land or interests in land may be acquired by
condemnation. Condemnation procedures shall not be started until all
reasonable efforts have been made to purchase the land or interests in
lands from a willing seller.
(d) The OSM, State, or Indian tribe which acquires land under this
part shall comply, at a minimum, with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et
seq., and 41 CFR part 114-50.
Sec. 879.13 Acceptance of gifts of land.
(a) The OSM, State, or Indian tribe under an approved reclamation
plan may accept donations of title to land or interests in land if the
land proposed for donation meets the requirements set out in
Sec. 879.11.
(b) Offers to make a gift of land or interest in land to the U.S.
Government shall be in writing and comply with U.S. Department of the
Interior regulations for land donations. The States and Indian tribes
may use procedures provided by applicable State or Indian tribal law.
Sec. 879.14 Management of acquired land.
Land acquired under this part may be used for any lawful purpose
that is consistent with the necessary reclamation activities. Procedures
for collection of user charges or the waiver of such charges by the OSM,
State, or Indian tribe shall provide that all user fees collected shall
be deposited in the appropriate Abandoned Mine Reclamation Fund.
Sec. 879.15 Disposition of reclaimed land.
(a) Prior to the disposition of any land acquired under this part,
OSM, State, or Indian tribe shall publish a notice of proposed land
disposition, hold public hearings, if required, and make written
findings in accordance with the authority contained in section 407(g)(2)
of the Act.
(b) OSM may transfer administrative responsibility for land acquired
by OSM to any Federal Department or Agency, with or without cost to that
Department or Agency. OSM may transfer title for land acquired by OSM to
any State or Indian tribe or to any agency or political subdivision of a
State or Indian tribe, with or without cost to that entity, for the
purposes set out in paragraphs (e) or (f) of this section. The agreement
under which a transfer is made shall specify--
(1) The purposes for which the land may be used, which shall be
consistent with the authorization under which the land was acquired; and
(2) That the title of administrative responsibility for the land
shall revert to OSM, State, or Indian tribe if, at any time in the
future, OSM finds that the land is not used for the purposes specified.
(c) OSM may accept title for abandoned and unreclaimed land to be
reclaimed and administered by OSM. If a State or Indian tribe transfers
land to OSM under this section, that State or Indian tribe shall have a
preference right to purchase such land from OSM after reclamation is
completed. The price to be paid by the State or Indian tribe shall be
the fair market value of the land in its reclaimed condition less any
portion of the land acquisition price paid by the State or Indian tribe.
(d) OSM may sell land acquired and reclaimed under this part, except
that acquired for housing under Sec. 879.11(c), to the State or local
government at less than fair market value but in no case less than
purchase price plus reclamation cost provided such land is used for a
valid public purpose.
[[Page 430]]
(e) OSM may transfer or sell land acquired for housing under
Sec. 879.11(c), with or without monetary consideration, to any State or
political subdivision of a State, to an Indian tribe, or to any firm,
association, or corporation. The conditions of transfer or sale shall be
in accordance with Section 407(h) of the Act.
(f) OSM may transfer title for land acquired for housing under
Sec. 879.11(c) by grants or commitments for grants, or may advance money
under such terms and conditions as required, to--
(1) Any State or Indian tribe; or
(2) A department, agency, or instrumentality of a State; or
(3) Any public body or nonprofit organization designated by a State.
(g)(1) OSM may sell or authorize the States or Indian tribes to sell
land acquired under this part by public sale if--
(i) Such land is suitable for industrial, commercial, residential,
or recreational development;
(ii) Such development is consistent with local, State, of Federal
land use plans for the area in which the land is located; and
(iii) Retention by OSM, State, or Indian tribe, or disposal under
other paragraphs of this section is not in the public interest.
(2) Disposal procedures will be in accordance with Section 407(g) of
the Act and applicable State or Indian tribal requirements.
(3) States may transfer title or administrative responsibility for
land to cities, municipalities, or quasi-governmental bodies, provided
that the State provide for the reverter of the title or administrative
responsibility if the land is no longer used for the purposes originally
proposed.
(h) All moneys received from disposal of land under this part shall
be deposited in the appropriate Abandoned Mine Reclamation Fund in
accordance with 30 CFR part 872 of this chapter.
PART 880--MINE FIRE CONTROL--Table of Contents
Sec.
880.1 Scope.
880.5 Definitions.
880.11 Qualifications of projects.
880.12 Cooperative agreements.
880.13 Project implementation.
880.14 Administration of contributions.
880.15 Assistance by States or Indian tribes, local authorities, and
private parties.
880.16 Civil rights.
Authority: 30 U.S.C. 551-558, 40 U.S.C. App. 205, and Pub. L. 102-
486.
Source: 48 FR 37378, Aug. 18, 1983, unless otherwise noted.
Sec. 880.1 Scope.
Projects for the control or extinguishment of outcrop or underground
fires in coal formations under the authority of the Act of August 31,
1954 (30 U.S.C. 551-558); section 205(a)(2) of the Appalachian Regional
Development Act of 1965 (Pub. L. 89-4, 79 Stat. 5), and the Energy
Policy Act of 1992 (Pub. L. 102-486).
[59 FR 52377, Oct. 17, 1994]
Sec. 880.5 Definitions.
As used in the regulations in this part and in cooperative
agreements, entered into pursuant to the regulations in this part:
(a) Government means the United States of America;
(b) Commission means the Appalachian Regional Development Commission
established by section 101 of the Appalachian Regional Development Act
of 1965;
(c) Local authorities means the State or local governmental bodies
organized and existing under the authority of State laws, including, but
not limited to, a county, city, township, town, or borough;
(d) Approved abandoned mine reclamation program means a program
meeting the requirements defined in Section 405 of PL 95-87, as amended;
(e) Operating coal mine means a coal mine for which the regulatory
authority has not terminated its jurisdiction as set out under 30 CFR
700.11(d)(1);
(f) Inactive coal mine means a coal mine for which the regulatory
authority has terminated its jurisdiction as set out under 30 CFR
700.11(d)(1);
(g) Project means a project whose purpose is to control or
extinguish fires in coal formations.
[48 FR 37378, Aug. 18, 1983. Redesignated and amended at 59 FR 52377,
Oct. 17, 1994]
[[Page 431]]
Sec. 880.11 Qualifications of projects.
The purpose of all projects is to prevent injury and loss of life,
protect public health, conserve natural resources, or protect public and
private property. Federal funds cannot be used to fund projects in
privately owned operating coal mines. Further, any such cooperative
agreement that is entered into under the Energy Policy Act of 1992 with
an AML State eligible to receive funds from the Appalachian Regional
Development Commission is not subject to review by that Commission.
[59 FR 52377, Oct. 17, 1994]
Sec. 880.12 Cooperative agreements.
(a) OSM shall, upon application by a State or Indian tribe with an
approved abandoned mine reclamation program, enter into a cooperative
agreement with the State or Indian tribe to control or extinguish fires
in coal formations.
(b) OSM may conduct coal formation fire control projects in States
not having an approved abandoned mine reclamation program or on Indian
lands if the tribe does not have an approved abandoned mine reclamation
program. However, upon application by such a State or Indian tribe, OSM
may enter into a cooperative agreement with the State or Indian tribe
and the local authorities to control or extinguish fires in coal
formations. OSM shall require in connection with any project for the
control or extinguishment of fires in any inactive coal mine on lands
not owned or controlled by the United States or any of its agencies,
except where such project is necessary for the protection of lands or
other property owned or controlled by the United States or any of its
agencies in such a State that: (1) the State or the person owning or
controlling such lands contribute on a matching basis 50 percent of the
cost of planning and executing such project, or (2) if such State or
person furnishes evidence satisfactory to the Secretary of an inability
to make the immediately matching contribution herein provided for, that
such State or person pay the Government, within such time as the
Secretary shall determine, an amount equal to 50 percent of the cost of
planning and executing such project. If the project is funded by the
Appalachian Regional Commission, the Federal share shall not exceed 75
percent of the cost of the project.
(c) OSM is authorized to conduct fire control projects on lands
owned or controlled by the United States. However, upon application by
another Federal agency having jurisdiction for lands owned or controlled
by the United States, or a State or Indian tribe having an approved
abandoned mine reclamation program and agreements with Federal agencies
to conduct such projects on Federal lands within its boundaries, OSM may
enter into an agreement with either the other Federal agency or State or
Indian tribe to control or extinguish fires in coal formations. There
are no cost sharing requirements for this type of project.
[59 FR 52378, Oct. 17, 1994]
Sec. 880.13 Project implementation.
(a) Under cooperative agreements with States or Indian tribes having
an approved AML reclamation plan:
(1) States or Indian tribes will design, plan, and engineer a method
of operation for control or extinguishment of the outcrop or underground
mine fire, and will execute the project through a project contract, or,
if the work is to be done in phases, a series of project contracts.
(2) If OSM assistance is required, OSM will be reimbursed by the
State or Indian tribe for all costs incurred, including OSM employees'
time.
(b) In States and on Indian lands under the jurisdiction of tribes
not having approved AML reclamation plans and on Federal lands, OSM has
the authority to design, plan, and engineer a method of operation for
control or extinguishment of the outcrop or underground mine fire, and
will execute the project through a project contract, or, if the work is
to be done in phases, a series of project contracts. OSM, may, at its
discretion, delegate authority to perform this work to States or Indian
tribes or other Federal agencies.
[59 FR 52378, Oct. 17, 1994]
[[Page 432]]
Sec. 880.14 Administration of contributions.
Financial contributions made by a State or Indian tribe, local
authorities, or another Federal agency will be deposited in a trust fund
in the Treasury of the United States. These contributions can be
withdrawn by OSM and expended by the organization executing the project
(OSM, a State, Indian tribe, or another Federal agency) pursuant to the
cooperative agreement as necessary in performance of the project work.
Withdrawals and expenditures from the trust fund will be made only for
costs connected with the project. Any part of the money contributed by a
State, Indian tribe, local authority, or another Federal agency for an
individual project that remains unexpended upon the completion or
termination of project will be returned to the State, Indian tribe,
local authority, or other Federal agency.
[59 FR 52378, Oct. 17, 1994]
Sec. 880.15 Assistance by States or Indian tribes, local authorities, and private parties.
States Indian tribes, local authorities, or private parties, as may
be appropriate in each particular project, and without cost or charge to
project costs may:
(a) Provide assistance in planning and engineering the project, as
requested by the organization executing the project;
(b) Furnish best available information, data, and maps on the
location of the project and the location of water, sewer, and power
lines within the project area, and maps or plats showing properties and
lands on which releases, consents, or rights or interests in lands have
been obtained;
(c) Obtain and deliver to OSM releases, proper consent or the
necessary rights or interests in lands, and other documents required by
OSM for approval of the project, and in form and substance satisfactory
to OSM;
(d) Furnish a certification in form and substance satisfactory to
OSM that the releases, consents, or the necessary rights or interests in
lands, are from all the legal property owners within the project area;
(e) Agree to indemnify and hold the Government harmless should any
property owner within the project area make any claim for damage
resulting from the work within the project area if releases, consents or
rights or interests were not obtained from such property owner by the
State or local authorities;
(f) Grant to the Government the right to enter upon streets, roads,
and other land owned or controlled by the State or the local authorities
overlying or adjacent to the project fire area, and to conduct thereon
the operations referred to in the cooperative agreement and project
contract, and agree to hold the Government harmless from any claim for
damage arising out of the project operations to property owned,
possessed or controlled by the State or local authorities in the
vicinity of the project area;
(g) Furnish noncombustible materials suitable for implementing the
planned fire control work. This material may be waste or borrow material
obtained at the site or brought in from off-site.
(h) Maintain and perform maintenance work on the project as may be
provided in the cooperative agreement;
(i) Agree not to mine or permit mining of coal or other minerals on
property owned or controlled by the State or local authorities, if
required by OSM, to assure the success of, or protection to, the project
work and the control or extinguishment of the fire, and for such period
of time as may be required by OSM; and
(j) If necessary, procure the enactment of State or local laws
providing for the control and extinguishment of outcrop and underground
fires in coal formations on State or privately owned lands and the
cooperation of the State or local authorities in the work and the
requisite authority to permit the States or local authorities to meet
the obligations imposed by the regulations in this part of a cooperative
agreement.
[51 FR 5493, Feb. 13, 1986. Redesignated at 59 FR 52377, Oct. 17, 1994,
and amended at 59 FR 52378, Oct. 17, 1994]
[[Page 433]]
Sec. 880.16 Civil rights.
State and local authorities shall comply with Title VI of the Civil
Rights Act of 1964 (Pub. L. 88-352) and all requirements imposed by or
pursuant to the regulations of the Department of the Interior entitled
``Nondiscrimination in Federally-assisted Programs of the Department of
the Interior-Effectuation of Title VI of the Civil Rights Act of 1964''
(43 CFR part 17) and shall give assurances of compliance in such form as
may be required by the Director.
[48 FR 37378, Aug. 18, 1983. Redesignated at 59 FR 52378, Oct. 17, 1994]
PART 881--SUBSIDENCE AND STRIP MINE REHABILITATION, APPALACHIA--Table of Contents
Sec.
881.1 Purpose and scope.
881.2 Definitions.
881.3 Qualification of projects.
881.4 Application of contribution.
881.5 Cooperative agreements.
881.6 Project contract.
881.7 Administration of contributions.
881.8 Withholding of payments.
881.9 Reports.
881.10 Obligations of States or local authorities.
881.11 Nondiscrimination.
881.12 Civil rights.
Authority: Sec. 205, 79 Stat. 13 (40 U.S.C. App. 205), and Pub. L.
95-87, 30 U.S.C. 1201 et seq.
Source: 48 FR 37379, Aug. 18, 1983, unless otherwise noted.
Sec. 881.1 Purpose and scope.
The regulations in this part provide for contributions by the
Secretary with respect to projects in the Appalachian Region for the
sealing and filling of voids in abandoned coal mines or for the
reclamation and rehabilitation of existing strip and surface mine areas
under the authority of subsection (a)(1) of section 205 of the
Appalachian Region Development Act of 1965 (Pub. L. 89-4, 79 Stat. 5)
Sec. 881.2 Definitions.
As used in the regulations in this part and in cooperative
agreements entered into pursuant to the regulations in this part:
(a) Government means the United States of America;
(b) Commission means the Appalachian Regional Development Commission
established by Section 101 of the Appalachian Regional Development Act
of 1965;
(c) State means any one of the States listed in section 403 of the
Appalachian Regional Development Act of 1965; and
(d) Local authorities or local bodies of government means a county,
city, township, town, or borough, and other local governmental bodies
organized and existing under authority or State laws.
Sec. 881.3 Qualification of projects.
(a) Projects for the reclamation and rehabilitation of strip-mined
areas will be considered only if all of the lands embraced within the
project are lands owned by the Federal Government, a State, or local
bodies of government.
(b) Projects must be submitted by a State to the Commission and
receive the approval of that body.
Sec. 881.4 Application of contribution.
(a) A State in its application for contribution to a project shall
fully describe the conditions existing in the project area and give a
full justification for the project in terms of the relationship of the
potential benefits that will result from the project to the estimated
costs of the project and in terms of the improvement, on a continuing
basis, to the economic potential of the State or area which the project
will bring about. If the project entails the reclamation and
rehabilitation of strip and surface mined areas, the application shall
state the uses to which the lands will be put.
(b) Before submitting a project to the Secretary for approval, the
Director shall obtain from the State the following:
(1) Copies of inspection procedures, designs, plans and methods of
engineering proposed for the construction, installation, services or
work to be performed to accomplish the objectives of the project;
(2) Accurate information, data, and maps of the location of the
project, the area involved, and, if the project consists of work
designed to prevent or alleviate subsidence, information, data,
[[Page 434]]
and maps (if available) of the seams of coal to be filled or flushed;
(3) The proposed advertisement for bids for each project contract,
which advertisement shall include suitable references concerning the
fact that the project is one to the cost of which the Government will
contribute under the Appalachian Regional Development Act of 1965, and
that the State's acceptance of liability arising out of any bid shall be
subject to contribution by the Government under the provisions of a
cooperative agreement with the Government for that purpose;
(4) The proposed project contract, together with specifications and
drawings pertaining to the equipment, materials, labor and work to be
performed by the project contractor;
(5) Releases, proper consent or the necessary rights or interests in
lands and coal formations, for gaining access to and carrying out work
in or on the project, and other documents required by OSM for approval
of the project, and in form and substance satisfactory to OSM;
(6) Certifications or documents, as may be required by OSM,
indicating public ownership or control of subsurface coal or mineral
rights accompanied by appropriate resolutions from the State or local
authorities to indemnify and hold the Government harmless should any
property owner within the project area make any claim for damage
resulting from the work within the project area if releases, consents or
rights or interests were not obtained from such property owner by the
State or local authorities, and not to mine or permit mining of coals or
other minerals in property owned or controlled by the State or local
authorities.
(7) If the project is for the rehabilitation or reclamation of a
strip mine area, evidence satisfactory to the Secretary that the State
or local authority owns the lands upon which the project is proposed to
be carried out, and that effective installation, operation, and
maintenance safeguards will be enforced;
(8) The estimated total cost of the proposed project and, if the
work is proposed to be performed in phases, the estimated cost of each
phase.
(c) If the Secretary approves the project, the Director will submit
to the State a coopertive agreement establishing the estimated cost of
the project in the amount approved by the Secretary.
Sec. 881.5 Cooperative agreements.
(a) Each project shall be covered by a cooperative agreement between
the Government, as represented by the Director, and the State. The
agreement shall establish the total estimated cost of the project and,
if the project is to be accomplished in phases, the estimated cost of
each phase. The maximum obligations of the parties to share the cost of
the project shall be stated in terms of the total estimated cost of the
project and, if project is to be accomplished in phases, in terms of the
estimated cost of each phase. Other responsibilities of the parties
shall also be described in the agreement, as may be agreed upon and as
may be in conformity with these regulations, to meet the needs and
requirements of a particular project.
(b) The Government's obligation to contribute funds may be less than
but shall not exceed 75 percent of the total estimated cost of the
project. The obligation of the State (and, if appropriate, the local
authorities) to contribute funds may be more but shall not be less than
25 percent of the total estimated cost of the project.
(c) None of the funds contributed by the Government or by the State
shall be used for operating or maintaining the project or for the
purchase of culm, rock, spoil, or other filling or flushing material.
(d) The Director may, without approval by the Secretary execute
amendments to a cooperative agreement which will cover (1) acceptance of
a bid on a proposed project contract that does not exceed by more than
20 percent the estimated cost, initially established in the cooperative
agreement, of the work covered by the proposed project contract, and (2)
the estimated costs of additional work under a project contract, if the
estimated cost, initially established in the cooperative agreement, of
the work covered by the project contract will not be increased by more
than 20 percent.
[[Page 435]]
Sec. 881.6 Project contract.
(a) Upon approval of the project by the Secretary, execution of the
cooperative agreement, and receipt of an acceptable bid, the State shall
carry out and execute the project through a project contract, or, if the
work is to be done in phases, a series of project contracts, entered
into by the State and its contractors or suppliers for the construction,
installation, services or work to be performed.
(b) Project contracts shall be entered into only with the lowest
responsible bidder pursuant to suitable procedures for advertising and
competitive bidding. The Government's obligation to contribute to the
cost of a project, or a phase of a project, is limited to the estimated
costs established in the cooperative agreement. If the bids on work to
be done under a proposed project contract exceed the estimated cost of
the work established in the cooperative agreement, the State should not
enter into the project contract unless the cooperative agreement has
been amended to provide for an increase in contributions sufficient to
meet the increase in costs, or unless the State wishes to assume the
excess cost of the project.
(c) OSM shall be advised of the time and place of the opening of
bids on a proposed project contract and may have a representative
present.
(d) If the State amends a project contract, or issues a change order
thereunder, and the amendment or change order results in an expenditure
under the project contract in excess of the estimated cost of the work
established in the cooperative agreement, the Government shall be under
no obligation to contribute to such excess costs unless the cooperative
agreement has been amended to provide for an increase in contributions
by the parties sufficient to meet such excess costs.
(e) The State shall furnish the Director, in duplicate, a certified
true executed copy of each project contract with related plans,
specifications, and drawings annexed thereto, promptly upon its
execution.
(f) The State shall include in each project contract provisions to
the effect that--
(1) Regardless of any agreement between the State and the Government
respecting contributions by the Government to the cost of the contract
under the provisions of section 205(a)(1) of the Appalachian Regional
Development Act of 1965 (Pub. L. 89-4, 79 Stat. 5), the Government shall
not be considered to be a party to the contract or in any manner liable
thereunder. Neither the Government nor any of its officers, agents, or
employees shall be responsible for any loss, expense, damages to
property, or injuries to persons, which may arise from or be incident to
the use and occupation of any property affected by the operations
contemplated under the project, or for damages to the property of the
contractor, or for injuries to the person of the contractor, or for
damages to the property, or injuries to the contractor's officers,
agents, servants, or employees, or others who may be on said premises at
their invitation or the invitation of any of them, and the State and the
project contractor shall hold the Government and any of its officers,
agents, or employees, harmless from all such claims.
(2) The Secretary of the Interior or the Director of OSM or their
authorized representative may enter upon and inspect the project at any
reasonable time and may confer with the contractor and the State
regarding the conduct of project operations.
(3) All laborers and mechanics employed by the contractor or
subcontractors on the project shall be paid wages at rates not less than
those prevailing on similar construction in the locality as determined
by the Secretary of Labor in accordance with the Davis-Bacon Act, as
amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall have with
respect to such labor standards, the authority and functions set forth
in Reorganization Plan Number 14 of 1950 (15 FR 3176, 64 Stat. 1267, 5
U.S.C. 133-133z-15), and section 2 of the Act of June 13, 1934, as
amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)).
(4) To assure the use of local labor to the maximum extent
practicable in the implementation of a project:
(i) Every contractor or subcontractor undertaking to do work on the
project which is or reasonably may be done as onsite work, in carrying
out such contract work shall give preference to
[[Page 436]]
qualified persons who regularly reside in the labor area as designated
by the U.S. Department of Labor wherein such project is situated, or the
subregion, or the Appalachian counties of the State wherein such project
is situated, except:
(A) To the extent that qualified persons regularly residing in the
area are not available;
(B) For the reasonable needs of any such contractor or
subcontractor, to employ supervisory or specially experienced
individuals necessary to assure an efficient execution of the contract;
(C) For the obligation of any such contractor or subcontractor to
offer employment to present or former employees as the result of a
lawful collective bargaining contract, provided that in no event shall
the number of nonresident persons employed under paragraph (f)(4)(i)(C)
exceed 20 percent of the total number of employees employed by such
contractor and his subcontractors on such project.
(ii) Every such contractor and subcontractor shall furnish the
appropriate U.S. Employment Service offices with a list of all positions
for which laborers, mechanics, and other employees may be required.
(iii) Every such contractor and subcontractor shall furnish periodic
reports to the contracting agency on the extent to which local labor has
been used in carrying out the contract work.
Sec. 881.7 Administration of contributions.
(a) The Government's contribution to a State will be made only
pursuant to a cooperative agreement and only upon the basis of payments
made, or that are then due and payable, by the State under a project
contract between the State and its contractor for the construction,
installation, services or work performed on individual projects and
shall not exceed 75 percent of such amounts.
(b) The State shall submit to the Director, not more often than once
a month and for each cooperative agreement, a separate voucher which
describes each payment made or that is due and payable by the State
under a project contract. The amounts claimed under each voucher shall
be certified by the State as proper charges under the project contract,
and the State shall also certify that the amounts have either been paid
or are due and payable thereunder. Insofar as the Government's
contribution payments related to amounts due and payable rather than
amounts already paid, the State shall disburse such funds together with
the funds contributed by the State, promptly upon receipt from the
Government.
(c) The State shall maintain suitable records and accounts of its
transactions with and payments to project contractors, and the
Government may inspect and audit such accounts and records during normal
business hours and as it may deem necessary.
Sec. 881.8 Withholding of payments.
Whenever the Secretary, after reasonable notice and opportunity for
hearing, finds that there is a failure by the State to expend funds in
accordance with the terms and conditions governing the Government's
contribution for an approved project, he shall notify the State that
further payments will not be made to the State from available
appropriations until he is satisfied that there will no longer be any
such failure. Until the Secretary is so satisfied, payment of any
financial contribution to the State shall be withheld.
Sec. 881.9 Reports.
At such times and in such detail as the Secretary shall require, the
State shall furnish to the Secretary a statement with respect to each
project showing the work done, the status of the project, expenditures,
and amounts obligated, and such other information as may be required.
Sec. 881.10 Obligations of States or local authorities.
(a) The State shall have full responsibility for installing,
operating, and maintaining projects constructed pursuant to the
regulations in this part.
(b) The State shall give evidence, satisfactory to the Secretary,
that it will enforce effective safeguards with respect to installation,
operation, and maintenance.
[[Page 437]]
(c) The State shall agree that neither the Government nor any of its
officers, agents, or employees shall be responsible for any loss,
expense, damages to property, or injuries to persons, which may arise
from or be incident to work upon, or to the use and occupation of any
property affected by operations under, the project, and the State shall
agree to hold the Government and its officers, agents, or employees
harmless from all such claims.
(d) In order to assure effective safeguards with respect to
installation, operation, and maintenance, the State or local authority
will be required to own (or control), the land, subsurface, or coal
seams in instances such as the following:
(1) If the objective of the project is to prevent or alleviate
subsidence, the State or local authority shall have or acquire such
subsurface and underground rights or interests in such coal seams or
coal measures as may be required to assure the stability and continued
existence of the project and to such an extent as will give reasonable
assurance that the work will not be disturbed in the future.
(2) If the objective of the project is to rehabilitate or reclaim
strip-mined areas, the land shall be owned by the Federal, State, or
local body of government. Such ownership shall comprise such mineral,
subsurface and underground rights and interests as will assure that no
further mining operations will be conducted upon or under the land in
the future.
(3) If the objective of the project is to seal abandoned open
shafts, slopes, air holes and other mine openings to underground
workings where public safety hazards exist, or to control or prevent
erosion, water pollution, or discharge of harmful mine waters, the State
shall have or acquire such right, title or interest in the lands as will
assure the stability and continued existence of the project work.
(4) The extent of ownership or control necessary shall be determined
with respect to each individual project.
(e) The State or local authorities, shall agree not to mine or
permit the mining of coal or other minerals in the land or property
owned or controlled by the State or local authorities, if required by
OSM to assure the success or protection of the project work for such
period of time as may be required by OSM.
(f) Upon request of OSM, the State or local authority shall furnish
and disclose the nature and extent of its right, title, or interest in
lands within, or which may be affected by, the project and submit an
analysis, in writing, of the title situation, the effectiveness, extent
and strength of the title which has been acquired, and an opinion as to
the protection which the documents conveying the various rights, titles,
and interests in the land afford the project work and as to any defects
in the title.
(g) If necessary, State and local authorities shall procure the
enactment of State or local laws or ordinances providing authority to
participate in the work and projects conducted pursuant to the
regulations in this part on lands owned by the State, the local
authorities, or private persons, and the requisite authority to permit
the State or local authorities to meet the obligations imposed by the
regulations in this part or a cooperative agreement and to enter into
project contracts of the kind and nature contemplated for the work to be
performed.
Sec. 881.11 Nondiscrimination.
The State shall comply with the provisions of section 301 of
Executive Order 11246 (Sept. 24, 1965; 30 FR 12319, 12935) and shall
incorporate the provisions prescribed by section 202 of Executive Order
11246 in each project contract, and shall undertake and agree to assist
and cooperate with the Director and the Secretary of Labor, obtain and
furnish information, carry out sanctions and penalties, and refrain from
dealing with debarred contractors, all as provided in said section 301.
Sec. 881.12 Civil rights.
State or local authorities shall comply with Title VI of the Civil
Rights Act of 1964 (Pub. L. 88-352) and all requirements imposed by or
pursuant to the regulations of the Department of the Interior entitled
``Nondiscrimination in Federally-assisted Programs of the Department of
the Interior--Effectuation of Title VI of the Civil Rights
[[Page 438]]
Act of 1964'' (43 CFR part 17) and shall give assurances of compliance
in such forms as may be required by the Director.
PART 882--RECLAMATION ON PRIVATE LAND--Table of Contents
Sec.
882.1 Scope.
882.10 Information collection.
882.12 Appraisals.
882.13 Liens.
882.14 Satisfaction of liens.
Authority: Secs. 201(c), 407 (a) and (b), 408, 409, 410, and 412(a),
Pub. L. 95-87, 91 Stat. 449, 462, 463, 464, 465, and 466 (30 U.S.C.
1211, 1237, 1238, 1239, 1240, and 1242).
Source: 47 FR 28599, June 30, 1982, unless otherwise noted.
Sec. 882.1 Scope.
This part authorizes reclamation on private land and establishes
procedures for recovery of the cost of reclamation activities conducted
on privately owned land by the OSM, State, or Indian tribe.
Sec. 882.10 Information collection.
The information collection requirements contained in Secs. 882.12(c)
and 882.13(b) were approved by the Office of Management and Budget under
44 U.S.C. 3507 and assigned clearance number 1029-0057. This information
is being collected to meet the mandate of Secion 408 of the Act, which
allows the State/Indian tribe to file liens on private property that has
been reclaimed under certain conditions. This information will be used
by the regulatory authority to ensure that the State/Indian tribe has
sufficient programmatic capability to file liens. The obligation to
respond is mandatory.
Sec. 882.12 Appraisals.
(a) A notarized appraisal of private land to be reclaimed which may
be subject to a lien under Sec. 882.13 shall be obtained from an
independent appraiser. The appraisal shall state--
(1) The estimated market value of the property in its unreclaimed
condition; and
(2) The estimated market value of the property as reclaimed.
(b) This appraisal shall be made prior to start of reclamation
activities. The agency shall furnish to the appraiser information of
sufficient detail in the from of plans, factual data, specifications,
etc., to make such appraisals. When reclamation requires more than 6
months to complete, an updated appraisal under paragraph (a)(2) of this
section shall be made to determine if the increase in value as
originally appraised has actually occurred. Such updated appraisal shall
not include any increase in value of the land as unreclaimed. If the
updated appraised value results in lower increase in value, such
increase shall be used as a basis for the lien. However, an increase in
value resulting from the updated appraisal shall not be considered in
determining a lien. OSM shall provide appraisal standards for Federal
projects, and the State or Indian tribes shall provide appraisal
standards for State or Indian tribal projects consistent with generally
acceptable appraisal practice.
Sec. 882.13 Liens.
(a) OSM, State, or Indian tribe has the discretionary authority to
place or waive a lien against land reclaimed if the reclamation results
in a significant increase in the fair market value; except that--
(1) A lien shall not be placed against the property of a surface
owner who acquired title prior to May 2, 1977, and who did not consent
to, participate in, or exercise control over the mining operation which
necessitated the reclamation work.
(2) The basis for making a determination of what constitutes a
significant increase in market value or what factual situation
constitutes a waiver of lien will be made by OSM, State, or Indian tribe
pursuant to the Congressional intent expressed in Section 408 of the Act
and consistent with State or Indian tribal laws governing liens.
(3) A lien may be waived if findings made prior to construction
indicate that the reclamation work to be performed on private land shall
primarily
[[Page 439]]
benefit the health, safety, or environmental values of the greater
community or area in which the land is located; or if the reclamation is
necessitated by an unforeseen occurrence, and the work performed to
restore that land will not result in a significant increase in the
market value of the land as it existed immediately before the unforeseen
occurrence; and
(4) OSM, State, or Indian tribe may waive the lien if the cost of
filing it, including indirect costs to OSM, State, or Indian tribe,
exceeds the increase in fair market value as a result of reclamation
activities.
(b) If a lien is to be filed, the OSM, State, or Indian tribe shall,
within 6 months after the completion of the reclamation work, file a
statement in the office having responsibility under applicable law for
recording judgments and placing liens against land. Such statement shall
consist of notarized copies of the appraisals obtained under Sec. 882.12
and may include an account of moneys expended for the reclamation work.
The amount reported to be the increase in value of the property shall
constitute the lien to be recorded in compliance with existing Federal,
State or Indian tribal laws: Provided, however, That prior to the time
of the actual filing of the proposed lien, the landowner shall be
notified of the amount of the proposed lien and shall be allowed a
reasonable time to prepay that amount instead of allowing the lien to be
filed against the property involved.
(c) Within 60 days after the lien is filed the landowner may
petition under local law to determine the increase in market value of
the land as a result of reclamation work. Any aggrieved party may appeal
in the manner provided by local law.
Sec. 882.14 Satisfaction of liens.
(a) A lien placed on private property shall be satisfied, to the
extent of the value of the consideration received, at the time of
transfer of ownership. Any unsatisfied portion shall remain as a lien on
the property.
(b) The OSM, State, or Indian tribe which files a lien on private
property shall maintain or renew it from time to time as may be required
under State or local law.
(c) Moneys derived from the satisfaction of liens established under
this part shall be deposited in the appropriate abandoned mine
reclamation fund account.
PART 884--STATE RECLAMATION PLANS--Table of Contents
Sec.
884.1 Scope.
884.11 State eligibility.
884.13 Content of proposed State reclamation plan.
884.14 State reclamation plan approval.
884.15 State reclamation plan amendments.
884.16 Suspension of plan.
884.17 Impact assistance.
Authority: Pub. L. 95-87; 30 U.S.C. 1201 et seq.
Source: 47 FR 28600, June 30, 1982, unless otherwise noted.
Sec. 884.1 Scope.
This part establishes the procedures and requirements for the
preparation, submission and approval of State reclamation plans.
Sec. 884.11 State eligibility.
A State is eligible to submit a State reclamation plan if it has
eligible lands or water as defined in Sec. 870.5 within its boundaries.
A State is eligible for a State reclamation plan to be approved by the
Director if it has an approved State regulatory program under section
503 of the Act and meets the other requirements of this chapter and the
Act.
Sec. 884.13 Content of proposed State reclamation plan.
Each proposed State reclamation plan shall be submitted to the
Director in writing and shall include the following information:
(a) A designation by the Governor of the State of the agency
authorized to administer the State reclamation program and to receive
and administer grants under part 886 of this chapter.
(b) A legal opinion from the State Attorney General on the chief
legal officer of the State agency that the designated agency has the
authority under State law to conduct the program in
[[Page 440]]
accordance with the requirements of Title IV of the Act.
(c) A description of the policies and procedures to be followed by
the designated agency in conducting the reclamation program, including--
(1) The purposes of the State reclamation program;
(2) The specific criteria, consistent with section 403 of the Act
for ranking and identifying projects to be funded;
(3) The coordination of reclamation work among the State reclamation
program, the Rural Abandoned Mine Program administered by the Soil
Conservation Service, the reclamation programs of any Indian tribes
located within the States, and OSM's reclamation programs; and
(4) Policies and procedures regarding land acquisition, management
and disposal under 30 CFR part 879;
(5) Policies and procedures regarding reclamation on private land
under 30 CFR part 882;
(6) Policies and procedures regarding rights of entry under 30 CFR
part 877; and
(7) Public participation and involvement in the preparation of the
State reclamation plan and in the State reclamation program.
(d) A description of the administrative and management structure to
be used in conducting the reclamation program, including--
(1) The organization of the designated agency and its relationship
to other State organizations or officials that will participate in or
augment the agency's reclamation capacity;
(2) The personnel staffing policies which will govern the assignment
of personnel to the State reclamation program;
(3) The purchasing and procurement systems to be used by the agency.
Such systems shall meet the requirements of Office of Management and
Budget Circular A-102, Attachment 0; and
(4) The accounting system to be used by the agency, including
specific procedures for the operation of the State Abandoned Mine
Reclamation Fund.
(e) A general description, derived from available data, of the
reclamation activities to be conducted under the State reclamation plan,
including the known or suspected eligible lands and waters within the
State which require reclamation, including--
(1) A map showing the general location or known or suspected
eligible lands and waters;
(2) A description of the problems occurring on these lands and
waters; and
(3) How the plan proposes to address each of the problems occurring
on these lands and waters.
(f) A general description, derived from available data, of the
conditions prevailing in the different geographic areas of the State
where reclamation is planned, including--
(1) The economic base;
(2) Significant esthetic, historic or cultural, and recreational
values; and
(3) Endangered and threatened plant, fish, and wildlife and their
habitat.
Sec. 884.14 State reclamation plan approval.
(a) The Director shall act upon a State reclamation plan within 90
days after submittal. A State reclamation plan shall not be approved
until the Director has--
(1) Held a public hearing on the plan within the State which
submitted it, or made a finding that the State provided adequate notice
and opportunity for public comment in the development of the plan;
(2) Solicited and considered the views of other Federal agencies
having an interest in plan;
(3) Determined that the State has the legal authority, policies, and
administrative structure necessary to carry out the proposed plan;
(4) Determined that the proposed plan meets all the requirements of
this subchapter;
(5) Determined that the State has an approved State regulatory
program; and
(6) Determined that the proposed plan is in compliance with all
applicable State and Federal laws and regulations.
(b) If the Director disapproves a proposed State reclamation plan,
the Director shall advise the State in writing of the reasons for
disapproval. The State may submit a revised proposed State reclamation
plan at any time under the procedures of this section.
[[Page 441]]
Sec. 884.15 State reclamation plan amendments.
(a) A State may, at any time, submit to the Director a proposed
amendment or revision to its approved reclamation plan. If the amendment
or revision changes the objectives, scope or major policies followed by
the State in the conduct of its reclamation program, the Director shall
follow the procedures set out in Sec. 884.14 in approving or
disapproving an amendment or revision of a State reclamation plan.
(b) The Director shall promptly notify the State of all changes in
the Act, the Secretary's regulations or other circumstances which may
require an amendment to the State reclamation plan.
(c) The State shall promptly notify OSM of any conditions or events
that prevent or impede it from administering its State reclamation
program in accordance with its approved State reclamation plan.
(d) State reclamation plan amendments may be required by the
Director when--
(1) Changes in the Act or regulations of this chapter result in the
approved State reclamation plan no longer meeting the requirements of
the Act or this chapter; or
(2) The State is not conducting its State reclamation program in
accordance with the approved State reclamation plan.
(e) If the Director determines that a State reclamation plan
amendment is required, the Director, after consultation with the State,
shall establish a reasonable timetable which is consistent with
established administrative or legislative procedures in the State for
submitting an amendment to the reclamation plan.
(f) Failure of a State to submit an amendment within the timetable
established under paragraph (e) of this section or to make reasonable or
diligent efforts in that regard may result in either the suspension of
the reclamation plan under Sec. 884.16, reduction, suspension or
termination of existing AML grants under Sec. 886.18, or the withdrawal
from consideration for approval of all grant applications submitted
under Sec. 886.15.
[51 FR 9444, Mar. 19, 1986]
Sec. 884.16 Suspension of plan.
(a) The Director may suspend a State reclamation plan in whole or in
part, if he determines that--
(1) Approval of the State regulatory program has been withdrawn in
whole or in part;
(2) The State is not conducting the State reclamation program in
accordance with its approved State reclamation plan; or
(3) The State has not submitted a reclamation plan amendment within
the time specified under Sec. 884.15.
(b) If the Director determines that the plan should be suspended,
the Director shall notify the State by mail, return receipt requested,
of the proposed action. The notice of proposed suspension shall state
the reasons for the proposed action. Within 30 days the State must show
cause why such action should not be taken. The Director shall afford the
State an opportunity for consultation, including a hearing if requested
by the State and performance of remedial action prior to the notice of
suspension.
(c) The Director shall notify the State of his decision in writing.
The decision of the Director shall be final.
(d) The Director shall lift the suspension if he determines that the
deficiencies that led to suspension have been corrected.
[47 FR 28600, June 30, 1982, as amended at 51 FR 9444, Mar. 19, 1986]
Sec. 884.17 Impact assistance.
(a) The State reclamation plan may provide for construction of
specific public facilities in communities impacted by coal development.
This form of assistance is available when the Governor of the State has
certified, and the Director has concurred that--
(1) All reclamation with respect to past coal mining and with
respect to the mining of other minerals and materials has been
accomplished;
(2) The specific public facilities are required as a result of coal
development; and
[[Page 442]]
(3) Impact funds which may be available under the Federal Mineral
Leasing Act of 1920, as amended, or the Act of October 20, 1978, Public
Law 94-565 (90 Stat. 2662) are inadequate for such construction.
(b) Grant applications for impact assistance may be submitted in
accordance with Sec. 886.13 of this chapter.
PART 886--STATE AND TRIBAL RECLAMATION GRANTS--Table of Contents
Sec.
886.1 Scope.
886.3 Authority.
886.10 Information collection.
886.11 Eligibility for grants.
886.12 Coverage and amount of grants.
886.13 Grant period.
886.14 Annual submission of budget information.
886.15 Grant application procedures.
886.16 Grant agreements.
886.17 Grant amendments.
886.18 Grant reduction, suspension and termination.
886.19 Audit.
886.20 Administrative procedures.
886.21 Allowable costs.
886.22 Financial management.
886.23 Reports.
886.24 Records.
886.25 Special Indian lands procedures.
Authority: 30 U.S.C. 1201 et seq., as amended.
Source: 47 FR 28601, June 30, 1982, unless otherwise noted.
Sec. 886.1 Scope.
This part sets forth procedures for grants to States/Indian tribes
having an approved plan for the reclamation of eligible lands and water
and other activities necessary to carry out the plan as approved. OSM's
``Final Guidelines for Reclamation Programs and Projects'' (45 FR 14810-
14819, March 6, 1980) should be used as applicable.
[60 FR 9981, Feb. 22, 1995]
Sec. 886.3 Authority.
The Director is authorized to approve or disapprove applications for
grants under this part if the total amount of the grants does not exceed
the moneys appropriated by the Congress. Such moneys are distributed
annually to the States/Indian tribes.
[60 FR 9981, Feb. 22, 1995]
Sec. 886.10 Information collection.
The collections of information contained in 30 CFR part 886 have
been approved by the Office of Management and Budget under 44 U.S.C.
3501 et seq. and assigned clearance number 1029-0059. The information
will be collected to meet the requirements of Section 405 of the Act,
which allows the Secretary to grant funds to States/Indian tribes
pursuant to Section 402(g) and which are necessary to implement the
State/Indian tribe reclamation program. This information will be used by
the OSM to ensure that the State/Indian tribe complies with the Grants
Management Common Rule (43 CFR part 12, subpart C) and sound principles
of grants management. The obligation to respond is required to obtain a
benefit in accordance with Pub. L. 95-87. Public reporting burden for
this information is estimated to average 4 hours per response, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden
estimate or any other aspect of this collection of information,
including suggestions for reducing the burden, to the Office of Surface
Mining Reclamation and Enforcement, Information Collection Clearance
Officer, 1951 Constitution Avenue NW., Room 640 NC, Washington, D.C.
20240; and the Office of Management and Budget, Paperwork Reduction
Project (1029-0059), Washington D.C. 20503.
[60 FR 9981, Feb. 22, 1995]
Sec. 886.11 Eligibility for grants.
A State/Indian tribe is eligible for grants under this part if it
has a reclamation plan approved under part 884 of this chapter.
[60 FR 9981, Feb. 22, 1995]
Sec. 886.12 Coverage and amount of grants.
(a) An agency may use moneys granted under this Part to administer
the approved 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 costs
[[Page 443]]
to the agency for services and materials obtained from other State and
Federal agencies or local jurisdictions according to OMB Circular A-87.
(b) Grants shall be approved for reclamation and eligible lands and
water in accordance with 30 U.S.C. 1234 and 1241 and 30 CFR 874.12,
875.12, and 875.14, and in accordance with the priorities stated in 30
U.S.C. 1233 and 1241 and 30 CFR 874.13 and 875.15. To the extent
technologically and economically feasible, public facilities that are
planned, constructed, or modified in whole or in part with abandoned
mine land grant funds should use fuel other than petroleum or natural
gas.
(c) Acquisition of land or interests in land and any moneral or
water rights associated with the land shall be approved for up to 90
percent of the costs.
[47 FR 28601, June 30, 1982, as amended at 60 FR 9981, Feb. 22, 1995]
Sec. 886.13 Grant period.
(a) The period for administrative costs of the authorized agency
should not exceed the first year of the grant.
(b) The Director shall approve a grant period on the basis of the
information contained in the grant application showing that projects to
be funded will fulfill the objectives of 30 U.S.C. 1201 et seq.
[60 FR 9981, Feb. 22, 1995]
Sec. 886.14 Annual submission of budget information.
The agency shall cooperate with OSM in the development of
information for use by the Director in the preparation of his/her
requests for appropriation of moneys for reclamation grants. OSM shall
determine the schedule for submitting this information on an annual
basis. Funds required to prepare this submission may be included in the
grants under 30 CFR 886.12.
[60 FR 9981, Feb. 22, 1995]
Sec. 886.15 Grant application procedures.
(a) An agency shall use application forms and procedures specified
by OSM. A preapplication is not required if the total of the grant
requested is within the amounts distributed to the State/Indian tribe
annually by the Director based on the Congressional appropriation.
(b) OSM shall approve or disapprove a grant application within 60
days of receipt. If OSM approves an agency's grant application, a grant
agreement shall be prepared and signed by the agency and the Director.
(c) If the application is not approved, OSM shall inform the agency
in writing of the reasons for disapproval and may propose modifications
if appropriate. The agency may resubmit the application or appropriate
revised portions of the application. OSM shall process the revised
application as an original application.
(d) The agency shall agree to perform the grant in accordance with
the Act, applicable Federal laws and regulations, and applicable OMB and
Treasury Circulars.
(e) Complete copies of plans and specifications for projects shall
not be required before the grant is approved nor at the start of the
project. The Director may review such plans and specifications after the
start of the project in the agency office, on the project site, or at
any other appropriate site.
[47 FR 28601, June 30, 1982, as amended at 60 FR 9981, Feb. 22, 1995]
Sec. 886.16 Grant agreements.
(a) OSM shall prepare a grant agreement that includes:
(1) A statement of the work to be covered by the grant; and
(2) A statement of the approvals of specific actions required under
this subchapter or the conditions to be met before approvals can be
given if moneys are included in the grant for these actions.
(b) The State/Indian tribe may assign functions and funds to other
Federal, State, or local agencies. The grantee agency shall retain
responsibility for overall administration of that grant, including use
of funds and reporting.
(c) The Director shall sign two copies of the agreement and transmit
them either by certified mail, return receipt requested, or by hand
delivery, to the agency for countersignature. The grant constitutes an
obligation of Federal funds at the time the Director signs the
agreement. The agency shall have 20 calendar days from the date of the
[[Page 444]]
Director's signature to execute the agreement in order to accept its
terms and conditions. Unless an extension of time is approved by the
Director, failure to execute the agreement within 20 calendar days shall
result in an immediate deobligation of the total Federal grant amount.
(d) Although the funds are obligated when the Director signs the
agreement, for any expenditure requiring compliance with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), funds
may not be used by the State/Indian tribe until all actions necessary to
ensure compliance with NEPA are taken.
(e) The agency shall submit a completed Form OSM-76 (Abandoned Mine
Land Reclamation Problem Area Description) showing proposed funding for
any planned non-emergency project work to the applicable OSM field
office before it may use funds for construction activities.
(f) Neither the approval of the grant application nor the award of
any grant shall commit or obligate the United States to award any
continuation grant or to enter into any grant revision, including grant
increases to cover cost overruns.
[47 FR 28601, June 30, 1982, as amended at 60 FR 9981, Feb. 22, 1995]
Sec. 886.17 Grant amendments.
(a) Grant amendments. (1) A grant amendment is a written alteration
of the terms or conditions of the grant agreement, whether accomplished
on the initiative of the agency or OSM. All procedures for grant
amendments shall conform to those in 43 CFR part 12, subpart C.
(2) The agency shall promptly notify the Director, or the Director
shall promptly notify the agency, in writing of events or proposed
changes that may require a grant amendment. The agency shall notify the
Director in advance of changes that will result in an extension of the
grant period or require additional funds, or when the agency plans to
make a budget transfer from administrative costs to project costs or
vice versa.
(b) OSM shall either approve or disapprove the amendment within 30
days of its receipt.
[60 FR 9982, Feb. 22, 1995]
Sec. 886.18 Grant reduction, suspension, and termination.
(a) Conditions for reduction, suspension or termination. (1) If an
agency violates the terms of a grant agreement or an approved
reclamation plan, OSM may reduce, suspend or terminate the grant.
(2) If an agency fails to obligate moneys distributed and granted
within three years from the date of grant award, or within an extension
granted under Sec. 886.13 or Sec. 886.17, OSM may reduce the grant in
accordance with Sec. 872.11 (b)(1) and (b)(2) of this subchapter.
(3) If an agency fails to implement, enforce, or maintain an
approved State regulatory program or any part thereof and, as a result,
the administration and enforcement grant provided under part 735 of this
chapter is terminated, OSM shall terminate the grant awarded under this
part. This paragraph does not apply to Indian tribes who receive
reclamation funds without having an approved regulatory program.
(4) If an agency is not in compliance with the following
nondiscrimination provisions, OSM shall terminate the grant:
(i) Title VI of the Civil Rights Act of 1964, Pub. L. 88-352, 78
Stat. 252 (42 U.S.C. 2000d-1). ``Nondiscrimination in Federally Assisted
Programs'', which provides that no person in the United States shall on
the grounds of race, color, or national origin be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial
assistance, and the implementing regulations in 43 CFR part 17.
(ii) Executive Order 11246, as amended by Executive Order 11375,
``Equal Employment Opportunity,'' requiring that employees or applicants
for employment not be discriminated against because of race, creed,
color, sex, or national origin, and the implementing regulations in 40
CFR part 60.
(iii) Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112,
87 Stat. 355
[[Page 445]]
(29 U.S.C. 794), as amended by Executive Order 11914,
``Nondiscrimination with Respect to the Handicapped in Federally
Assisted Programs.''
(5) If an agency fails to enforce the financial interest provisions
of part 705 of this chapter, OSM shall terminate the grant.
(6) If an agency fails to submit reports required by this subchapter
or part 705 of this chapter, OSM shall terminate the grant.
(7) If an agency fails to submit a reclamation plan amendment as
required by Sec. 884.15, OSM may reduce, suspend, or terminate all
existing AML grants in whole or in part or may refuse to process all
future grant applications.
(b) Remedies for noncompliance. If a grantee or subgrantee
materially fails to comply with any term of an award, whether stated in
a Federal statute or regulation, an assurance in a State plan or
application, a notice of award, or elsewhere, OSM may take one or more
the following actions, as appropriate in the circumstances:
(1) Temporarily withhold cash payments pending correction of the
deficiency by the grantee or subgrantee;
(2) Disallow (that is, deny both use of funds and matching credit
for) all or part of the cost of the activity or action not in
compliance;
(3) Wholly or partly suspend or terminate the current award for the
grantee's or subgrantee's program;
(4) Withhold further grant awards for the program; or
(5) Take other remedies that may be legally available.
(c) Grant reduction, suspension, and termination procedures. (1) The
OSM official delegated grant signature authority shall give the agency
at least 30 days written notice of intent to reduce, suspend, or
terminate a grant. OSM must send this notice by certified mail, return
receipt requested. OSM shall include in the notice the reasons for the
proposed action and the proposed effective date of the action.
(2) OSM shall afford the agency opportunity for consultation and
remedial action before reducing or terminating a grant.
(3) The OSM official delegated grant signature authority shall
notify the agency of the termination, suspension, or reduction of the
grant in writing by certified mail, return receipt requested.
(4) Upon termination, the agency shall refund or credit to the Fund
that remaining portion of the grant money not encumbered. However, the
agency shall retain any portion of the grant that is required to meet
contractual commitments made before the effective date of termination.
(5) Upon receiving notification of OSM's intent to terminate the
grant, the agency shall not make any new commitments without OSM's
approval.
(6) OSM may allow termination costs as determined by applicable
Federal cost principles listed in Office of Management and Budget
Circular A-87.
(7) Either OSM or the agency may terminate or reduce a grant if both
parties agree that continuing the program would not produce beneficial
results commensurate with the further expenditure of funds. Such a
termination for convenience shall be handled as an amendment and shall
be signed by the OSM official delegated grant signature authority.
(d) Appeals. (1) Within 30 days of OSM's decision to reduce,
suspend, or terminate a grant, the agency may appeal the decision to the
Director.
(i) The agency shall include in the appeal a statement of the
decision being appealed and the facts that the agency believes justify a
reversal or modification of the decision.
(ii) The Director shall decide the appeal within 30 days of receipt.
(2) Within 30 days of the Director's decision to reduce, suspend, or
terminate a grant, the agency may appeal the decision to the Secretary.
(i) The agency shall include in the appeal a statement of the
decision being appealed and the facts that the agency believes justify a
reversal or modification of the decision.
(ii) The Secretary shall act upon the appeal within 30 days of
receipt.
[47 FR 28601, June 30, 1982, as amended at 51 FR 9444, Mar. 19, 1986; 60
FR 9982, Feb. 22, 1995]
Sec. 886.19 Audit.
The agency shall arrange for an independent audit pursuant to
guidance
[[Page 446]]
provided by the General Accounting Office and the Office of Management
and Budget.
[60 FR 9982, Feb. 22, 1995]
Sec. 886.20 Administrative procedures.
The agency shall follow administrative procedures governing
accounting, payment, property, and related requirements contained in 43
CFR part 12, subpart C and use the property form specified by OSM and
approved by the Office of Management and Budget.
[60 FR 9982, Feb. 22, 1995]
Sec. 886.21 Allowable costs.
(a) Allowable reclamation costs include actual costs of
construction, operation and maintenance, planning and engineering,
construction inspection, other necessary administrative costs, and up to
90 percent of the costs of the acquisition of land.
(b) Costs must conform with any limitations, conditions, or
exclusions set forth in the grant agreement.
[47 FR 28601, June 30, 1982, as amended at 60 FR 9983, Feb. 22, 1995]
Sec. 886.22 Financial management.
(a) The agency shall account for grant funds in accordance with the
requirements of 43 CFR part 12, subpart C. Accounting for grant funds
must be accurate and current.
(b) The agency shall adequately safeguard all funds, property, and
other assets and shall assure that they are used solely for authorized
purposes.
(c) The agency shall provide a comparison of actual amounts spent
with budgeted amounts for each grant.
(d) When advances are made, they should be made as closely as
possible to the actual time of the disbursement.
(e) The agency shall design a systematic method to assure timely and
appropriate resolution of audit findings and recommendations.
[47 FR 28601, June 30, 1982, as amended at 60 FR 9983, Feb. 22, 1995]
Sec. 886.23 Reports.
(a) For each grant, the agency shall annually submit to OSM
reporting forms specified by OSM.
(b) Upon project completion, the agency shall submit a completed
Form OSM-76 and any other closeout reports specified by OSM.
[60 FR 9983, Feb. 22, 1995; 60 FR 29756, June 6, 1995]
Sec. 886.24 Records.
The agency shall maintain complete records in accordance with 43 CFR
part 12, subpart C. This includes, but is not limited to, books,
documents, maps, and other evidence and accounting procedures and
practices sufficient to reflect properly--
(a) The amount and disposition of all assistance received for the
program; and
(b) The total direct and indirect costs of the program for which the
grant was awarded.
[47 FR 28601, June 30, 1982, as amended at 60 FR 9983, Feb. 22, 1995]
Sec. 886.25 Special Indian lands procedures.
(a) This section applies to Indian lands not subject to an approved
Tribal reclamation program. The Director is authorized to mitigate
emergency situations or extreme danger situations arising from past
mining practices and begin reclamation of other areas determined to have
high priority on such lands.
(b) The Director is authorized to receive proposals from Indian
tribes for projects that should be carried out on Indian lands subject
to this Section and to carry out these projects under parts 872 through
882 of this chapter.
(c) For reclamation activities carried out under this section on
Indian lands, the Director shall consult with the Indian tribe and the
Bureau of Indian Affairs office having jurisdiction over the Indian
lands.
(d) If a proposal is made by an Indian tribe and approved by the
Director, the Tribal governing body shall approve the project plans. The
costs of the project may be charged against the money allocated to OSM
under Sec. 872.11(b)(5).
(e) Approved projects may be carried out directly by the Director or
through such arrangements as the Director may
[[Page 447]]
make with the Bureau of Indian Affairs or other agencies.
[60 FR 9983, Feb. 22, 1995]
PART 887--SUBSIDENCE INSURANCE PROGRAM GRANTS--Table of Contents
Sec.
887.1 Scope.
887.3 Authority.
887.5 Definitions.
887.10 Information collection.
887.11 Eligibility for grants.
887.12 Coverage and amount of grants.
887.13 Grant period.
887.15 Grant administration requirements and procedures.
Authority: 30 U.S.C. 1201 et seq.
Source: 51 FR 5493, Feb. 13, 1986, unless otherwise noted.
Sec. 887.1 Scope.
This part sets forth procedures for grants to States having an
approved State reclamation plan for the establishment, administration
and operation of self-sustaining individual State administered programs
to insure private property against damages caused by land subsidence
resulting from underground coal mining.
Sec. 887.3 Authority.
The Director is authorized to approve or disapprove applications for
grants up to a total amount of $3,000,000 for each State with an
approved State reclamation plan provided moneys are available under
Sec. 872.11(b) of this chapter and Section 402(g)(1) of Pub. L. 95-87
(30 U.S.C. 1232).
[60 FR 9983, Feb. 22, 1995]
Sec. 887.5 Definitions.
As used in this part--
Establishment--means either the development of a subsidence
insurance program or the administration or operation of a subsidence
insurance program.
Private property--means any or all of the following: dwellings and
improvements, commercial and industrial structures, utilities,
underground structures such as sewers, pipes, wells and septic systems,
sidewalks and driveways, and land.
Self-sustaining--means maintaining an insurance rate structure which
is designed to be actuarially sound. Self-sustaining requires that State
subsidence insurance programs provide for recovery of payments made in
settlement for damages from any party responsible for the damages under
the law of the State. Actuarial soundness implies that funds are
sufficient to cover expected losses and expenses including a reasonable
allowance for underwriting services and contingencies. Self-sustaining
shall not preclude the use of funds from other non-Federal sources.
State Administered--means administered either directly by a State
agency or for a State through a State authorized commission, board,
contractor, such as an insurance company, or other entity subject to
State direction.
Sec. 887.10 Information collection.
The collections of information contained in 30 CFR part 887 have
been approved by the Office of Management and Budget under 44 U.S.C.
3501 et seq., and assigned clearance number 1029-0107. The information
will be used to grant funds to State regulatory authorities and Indian
tribes to administer their subsidence insurance program. Response is
required to obtain a benefit in accordance with 30 U.S.C. 1201 et seq.
Public reporting burden for this information is estimated to average 40
hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
burden, to the Office of Surface Mining Reclamation and Enforcement,
Information Collection Clearance Officer, 1951 Constitution Avenue,
N.W., Room 640 NC, Washington, D.C. 20240; and the Office of Management
and Budget, Paperwork Reduction Project (1029-0107), Washington, D.C.
20503.
[60 FR 9983, Feb. 22, 1995]
Sec. 887.11 Eligibility for grants.
A State is eligible for grants under this part if it has a State
reclamation
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plan approved under part 884 of this chapter and if it has funds
available under Sec. 872.11(b) of this chapter and Section 402(g)(1) of
SMCRA, as amended, 30 U.S.C. 1232.
[60 FR 9983, Feb. 22, 1995]
Sec. 887.12 Coverage and amount of grants.
(a) An agency may use moneys granted under this part to develop,
administer, and operate a subsidence insurance program to insure private
property against damages caused by subsidence resulting from underground
coal mining. The moneys may be used to cover costs to the agency for
services and materials obtained from other State and Federal agencies or
local jurisdictions according to OMB Circular A-87. Moneys granted may
be used to cover capitalization requirements and initial reserve
requirements mandated by applicable State law provided use of such
moneys is consistent with the Grants Management Common Rule (43 CFR part
12, subpart C).
(b) The grant application shall be submitted under the procedures of
30 CFR part 886 and contain the following:
(1) A narrative statement describing how the subsidence insurance
program is ``State administered,'' and
(2) A narrative statement describing how the funds requested will
achieve a self-sustaining individual State administered program to
insure private property against subsidence resulting from underground
coal mining.
(c) Grants funded under this part cannot exceed a total of
$3,000,000 per State.
(d) Moneys granted may not be used for lands that are ineligible for
reclamation funding under Title IV of the Surface Mining Control and
Reclamation Act of 1977 (Pub. L. 95-87).
(e) Insurance premiums shall be considered program income and must
be used to further eligible subsidence insurance program objectives in
accordance with 43 CFR part 12, subpart C.
[51 FR 5493, Feb. 13, 1986, as amended at 60 FR 9983, Feb. 22, 1995]
Sec. 887.13 Grant period.
The grant funding period shall not exceed eight years from the time
the grant is approved by OSM. Unexpended funds remaining at the end of
any grant period shall be returned according to the 43 CFR part 12,
subpart C.
[60 FR 9983, Feb. 22, 1995]
Sec. 887.15 Grant administration requirements and procedures.
The requirements and procedures for grant administration set forth
for State reclamation grants in part 886 of this chapter shall be used
for subsidence insurance grants.
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