[Federal Register Volume 61, Number 251 (Monday, December 30, 1996)]
[Notices]
[Pages 68777-68785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33108]


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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement


Abandoned Mine Land Reclamation Program Guidelines

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Notice of revised guidelines for abandoned mine land 
reclamation programs and projects.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
has revised the Abandoned Mine Land Reclamation Program Guidelines 
which were published March 6, 1980 (45 FR 14810). Comments were 
requested in the Notice of Intent to revise these guidelines published 
May 22, 1995 (45 FR 27123). Based on comments received, amendments to 
the Surface Mining Control and Reclamation Act of 1977 and policies 
adopted by OSM since 1980, the guidelines have been revised and are 
printed below.

EFFECTIVE DATE: December 30, 1996.

FOR FURTHER INFORMATION CONTACT:
Mr. Gene Krueger, Chief, Division of Reclamation Support, Office of 
Surface Mining Reclamation and Enforcement, 1951 Constitution Avenue, 
N.W. Washington, D.C. 20240. Telephone: (202) 208-2937.

SUPPLEMENTARY INFORMATION: The Abandoned Mine Land (AML) Reclamation 
Program Guidelines are issued to provide general guidance to States, 
Indian Tribes, the U.S. Department of Agriculture, and OSM in the 
administration of reclamation activities carried out under programs 
authorized by Title IV of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1201 et seq.) (SMCRA). These guidelines are 
considered to be statements of policy and do not establish new legal 
requirements or obligations on the public and are subject to change at 
the discretion of OSM.
    The term ``as amended'' was added to the revised guidelines to 
indicate that guidelines reflect all amendments to SMCRA.
    The definition of eligible lands has been expanded to include 
certain lands abandoned after August 3, 1977, in accordance with 
amendments to Section 404 of SMCRA and that definition has been 
included in Section A of these guidelines. The definition coincides 
with the definition of eligible lands found at 30 CFR 870.5.
    Reference to the Comprehensive Environmental Response, Compensation 
and Liability Act (CERCLA) and its relationship to AML reclamation has 
been included in these guidelines at section C.5., Toxic Materials.
    A new subpart, B.3.a.(1)(d), was added to allow special 
consideration for AMD sites and the utilization of the Appalachian 
Clean Streams Initiative (ACSI).
    A new subpart, B.5.e., was added to indicate that coal seams left 
in place were deemed unrecoverable during reclamation and any future 
attempts to mine such seams would have to comply with permit 
requirements in place at the time of new mining.
    The entire section titled ``Experimental and Demonstration 
Practices'' was eliminated because the Act, as amended, no longer 
provides for funding experimental and demonstration practices. However, 
new language was included in item B.3.b.(2) to allow for test plots 
and/or field trials when necessary to determine which technology is 
best suited to a particular problem area.
    Incorrect regulatory cites, brought about by statutory and/or 
regulatory changes, were corrected.
    Some portions of the proposed guidelines were edited for 
clarification or to eliminate redundant and verbose language.
    Comments were requested on the proposed guidelines and a total of 
seven comments were received. Six were from State authorities and one 
from the Navajo Nation. All comments received were considered in the 
process of drafting the final guidelines and are

[[Page 68778]]

available for inspection at the address listed above. A ``response to 
comments'' document has been prepared by OSM and is available on 
request by contacting the individual listed under FOR FURTHER 
INFORMATION CONTACT.

Availability of Copies

    Additional copies of the revised guidelines are available for 
inspection and may be obtained at the following offices:

OSM, Department of the Interior, Room 120 South Interior Building, 1951 
Constitution Avenue, N.W., Washington, D.C. 20240, (202) 208-5365.
OSM, Appalachian Regional Coordinating Center, Three Parkway Center, 
Pittsburgh, Pennsylvania 15220, (412) 937-2828.
OSM, Mid-Continent Regional Coordinating Center, 501 Belle Street, 
Alton, Illinois 62002, (618) 463-6460.
OSM, Western Regional Coordinating Center, 1999 Broadway, Suite 3320, 
Denver, Colorado 80202, (303) 672-5500.

    Dated: December 23, 1996.
Kathrine Henry,
Acting Director, Office of Surface Mining Reclamation and Enforcement.

Abandoned Mine Land (AML) Reclamation Program Guidelines for 
Reclamation Programs and Projects

Contents

A. Definitions
B. Program Considerations
    1. Land, Water, or Mineral Rights Required for Reclamation
    a. Consent requirements and responsibility
    b. Written consent versus police power
    c. Monitoring and maintenance
    d. Property acquisition
    2. Jurisdictional Responsibilities
    a. Reclamation program legal requirements
    b. Environmental evaluation requirements
    c. Interstate coordination requirements
    3. Selection Criteria (Nonemergency)
    a. Reclamation site ranking
    b. Reclamation considerations
    c. Reclamation extent
    d. Cooperative efforts
    e. Joint projects
    4. Emergency Projects
    a. Authority for emergency reclamation
    b. Emergency project considerations
    c. Emergency project examples
    d. Abatement procedures
    5. Incidental Recovery of Coal in Conjunction with Reclamation 
Activities
    a. Resource recovery potential
    b. Incidental recovery of Coal
    c. Active mining permit requirements
    d. Recovered coal disposition
    e. Future coal recovery
    6. Abandoned Structures and Equipment
    a. Investigation and report
    b. Ownership rights
    c. Disposal revenues or benefits
    7. Borrow and Disposal Areas
    a. Site selection
    b. Adverse impacts
    8. Program and Project Evaluation
    a. General Evaluation considerations
    b. Evaluation report
    9. Maintenance of Reclamation Work
    a. Planned Maintenence
    b. Unplanned Maintenance
    10. Noncoal Projects
    a. Guideline applicability
    b. Priorities under Section 409
    c. Priorities under Section 411
C. Site Considerations
    1. Mine Drainage
    a. General considerations
    b. At-source control measures
    c. Treatment measures
    d. Coal refuse piles and coal waste embankments
    2. Active Slides and Slide-Prone Areas
    a. Site evaluation factors
    b. Remedial measures
    3. Erosion and Sedimentation
    a. Erosion and sediment control considerations
    b. Erosion control practices
    c. Sediment trapping practices
    4. Vegetation
    a. Existing vegetation inventory and evaluation
    b. Vegetative requirements
    5. Toxic Materials
    a. Sampling and analysis considerations
    b. Planning considerations
    c. Sites eligible under CERCLA.
    6. Hydrologic Balance
    a. Planning considerations
    b. Surface-water considerations
    c. Ground-water considerations
    7. Public Health and Safety
    a. Dump sites
    b. Highwall danger
    c. Mine openings and subsidence
    d. Radiation emission
    e. Domestic water supplies
    f. Surface and underground mine fires
    g. Hazardous/Explosive gases
    8. Esthetics and Visual Values
    a. Visual degraders
    b. Esthetics problem solutions
    9. Fish and Wildlife Values
    a. Project identification requirements
    b. Determining fish and wildlife values and goals
    c. Planning considerations
    d. Installing and maintaining established fish and wildlife 
habitat values
    10. Air Quality
    a. Air quality standards
    b. Coordination requirements
    c. Air quality degradation and improvement

A. Definitions

    1. Abandoned Property--Real and personal property, associated with 
past mining activities, that has been forsaken or deserted by an owner. 
This includes real estate, structures, and equipment.
    a. Abandoned Structures--Abandoned permanent improvements or 
fixtures firmly attached to the land and considered as part of real 
property. Abandoned structures include but are not limited to coal 
tipples, coal washers, storage and grading facilities, loading docks, 
rail spurs, concrete foundations, dams, reservoirs, and bridges. Other 
items such as crushers, elevators, bins, loaders, conveyors and similar 
equipment are within this definition if firmly affixed to the land.
    b. Abandoned Equipment--Abandoned movable items not affixed to the 
land. Such items are considered as personal property and include 
equipment and dismantled machinery not affixed to the land and which 
could be moved. These items include but are not limited to shovels, 
scrapers, tires, machinery parts, trailers, trucks, electrical 
substations on skids, feeders, and loaders.
    c. Disposal--The act of sale, federal utilization, demolition, 
removal, and the burning and burial of scrap or other debris resulting 
from abandoned structures and equipment.
    2. Act--The Surface Mining Control and Reclamation Act of 1977 
enacted as Public Law 95-87 (30 U.S.C. 1201 et seq.), as amended.
    3. Administering Agency--The agency that has the responsibility for 
carrying out a reclamation program or project. This includes OSM for 
federal reclamation projects; U.S.D.A., Natural Resources Conservation 
Service (NRCS) for the Rural Abandoned Mine Program; designated State 
reclamation agencies for projects carried out under an approved State 
Reclamation Plan; and Indian tribes for projects carried out under an 
approved Indian Reclamation Plan.
    4. Eligible Lands--Lands and water 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). Eligible lands and water for noncoal 
reclamation purposes are those sites that meet the eligibility 
requirements specified in Section 409 of the Act or, following 
certification of the completion of all known coal problems, those in 30 
CFR 875.14. 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.
    5. Emergency--A sudden danger condition or impairment that 
constitutes

[[Page 68779]]

a situation with 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 procedures.
    6. Hydrologic Balance--The relationship between the quality and 
quantity of water inflow to water outflow from an abandoned mine land 
site. The relationship includes water storage and transfer within 
hydrologic units as they now exist or may have existed.
    7. Toxic Materials--Earth materials or wastes resulting from mining 
operations which, if acted upon by air, water, or micro-biological 
processes are likely to produce chemical or physical conditions in 
soils or water that are detrimental to the biota or water use.

B. Program Considerations

1. Land, Water, or Mineral Rights Required for Reclamation

a. Consent Requirements and Responsibility
    In addition to the rights of entry required by 30 CFR 877, other 
consents required by the specific type of reclamation program should be 
obtained. In water limited areas reclamation programs that propose to 
restore or alter water quality or quantity should not be undertaken 
until the appropriate water right consents are obtained. If the mineral 
estate is severed from the surface estate, consents should be obtained 
from both parties. All necessary consents should be obtained for a time 
period sufficient to complete the reclamation activities. The 
administering agency has the responsibility to assure that no 
reclamation work is carried out without such consents.
b. Written Consent Versus Police Power
    Written consent from the owner of record and lessee or his 
authorized agent should be the preferred means for obtaining agreements 
to enter lands in order to carry out reclamation work. Entry by use of 
police power is restricted to those reclamation projects that will 
protect public health, safety, and general welfare as authorized under 
Sections 407(a), 407(b), 409(c), and 410 of the Act, as amended, and 
should be undertaken only after due care and deliberation has exhausted 
all possibilities of obtaining written consents.
c. Monitoring and Maintenance
    Written consent by the landowner should include considerations for 
monitoring and maintenance, including rights of entry as necessary.
d. Property Acquisition
    Acquisition of property may be undertaken only under the conditions 
specified in Sections 407 and 409 of the Act, as amended.

2. Jurisdictional Responsibilities

a. Reclamation Program Legal Requirements
    The administering agency should ensure compliance with all 
applicable Federal, State, Tribal, and local laws and coordination with 
the appropriate agencies as necessary.
b. Environmental Evaluation Requirements
    Appropriate steps to achieve compliance with the National 
Environmental Policy Act of 1969 (NEPA) must be undertaken for every 
proposed AML reclamation project. Authorization by the Council on 
Environmental Quality (CEQ) at 40 CFR 1506.11 to abate emergency 
conditions without preparing an environmental document does not relieve 
OSM or the States/Tribes of the responsibility to complete consultation 
duties or obtain necessary permits in accordance with other Federal, 
State and local laws.
    (1) Where emergency circumstances at the site require immediate 
abatement action, and the environmental document cannot be completed 
prior to the initiation of action, OSM and the States are authorized to 
act, but the action taken must be limited to that necessary to control 
the immediate impacts of the emergency.
    (2) Actions which remain to be taken at the site of an emergency 
after the abatement of the immediate impacts require the preparation of 
an environmental document.
c. Interstate Coordination Requirements
    Where reclamation is proposed that may affect adjoining States or 
other jurisdictional authorities, the administering agency should 
coordinate planning and implementation of these projects with those 
entities.

3. Selection Criteria (Nonemergency)

a. Reclamation Site Ranking
    Procedures for selecting nonemergency sites to carry out 
reclamation activities should incorporate weighting factors to rank the 
proposed sites in accordance with priorities established in Section 403 
of the Act. General instructions for determining the AML priority of a 
site are contained in the OSM Abandoned Mine Land Inventory Manual. 
Noncoal sites must comply with Section 409 or 411 as appropriate. 
Negative weights should be considered for adverse impacts resulting 
from the proposed project. Generally, reclamation of lower priority 
projects should not be initiated until all known higher priority 
projects have been completed, are in the process of being reclaimed, or 
have been approved for funding by the Secretary. However, lower 
priority projects, or contiguous work may be undertaken in conjunction 
with high priority projects in accordance with these guidelines.
    (1) The administering agency may give priority consideration to 
reclamation projects where:
    (a) The landowner(s) consent to participate in post reclamation 
maintenance activities of the area;
    (b) Reclamation provides multiple benefits to the landowner(s) and 
where those benefits have a greater cumulative value than other 
projects, and/or;
    (c) Reclamation provides offsite public benefits.
    (d) Acid Mine Drainage (AMD) is a major problem and/or the 
Appalachian Clean Streams Initiative (ACSI) can be utilized in 
restoration of streams polluted with AMD.
b. Reclamation Considerations
    The following items should be considered in determining whether a 
nonemergency site should be reclaimed.
    (1) The lands proposed for reclamation are eligible as defined by 
Section 404, 409, or 411 of the Act.
    (2) Problems associated with the site can be abated by utilizing 
current available technology or horizon technology with a high 
probability of success to prevent or minimize present or future adverse 
effects. When necessary to determine which technology is best suited to 
a particular problem area, test plots and/or field trials are allowed. 
Such activities are appropriate and do not constitute ``research'' as 
prohibited by the Act, as amended.
    (3) Reclamation can be carried out in a manner that minimizes 
maintenance to achieve a self-sustaining reclamation solution. Self-
sustaining implies reclamation which is permanent and stable under the 
prevailing environmental and land-use conditions utilizing current 
technology. Projects which require continuous maintenance and/or 
operating costs should be undertaken only if a commitment exists to 
bear these indefinite costs.
    (4) Reclamation activities can be planned in a manner that is cost 
effective and compatible with the proposed post reclamation land use as 
intended by the landowner(s).
    (5) Reclamation activities and post reclamation land use is cost 
effective

[[Page 68780]]

and compatible with surrounding land uses, complies with local, State, 
tribal, and Federal requirements, and is acceptable to the community 
involved.
    (6) If the project area is to be remined or developed in the 
foreseeable future and these activities will eliminate the adverse 
effects of past mining, reclamation should only be undertaken where the 
offsite adverse impacts from the affected area are so severe as to 
cause significant danger to public health and safety or to the 
environment if not abated before the proposed remining or development 
takes place.
c. Reclamation Extent
    The amount of reclamation performed on a site depends upon the 
priority, funding available, and technology available for reclaiming 
the site. When it is cost effective to do so, consideration should be 
given to including lower priority problems in the reclamation plan when 
contracting for the elimination of a high priority problem. However, 
the primary purpose of the reclamation should be to address the higher 
priority problems. Factors that should be considered in determining the 
amount of reclamation to be done at a site include--
    (1) The total area of affected land and water.
    (2) Uniformity/diversity of the problem(s) over the entire site.
    (3) Minimum reclamation needed to restore the site and additional 
low priority work needed, if any.
    (4) Availability of funds.
    (5) Cost effectiveness of the proposed work.
    (6) Proposed post reclamation land use.
    (7) Onsite, offsite, and multiple land use benefits.
    (8) Post reclamation maintenance required and landowner 
participation in that maintenance.
    (9) Accommodating landowner(s) land use and treatment requests, if 
possible without incurring additional costs above that required for the 
minimum reclamation needed.
    (10) The possibility of remining.
d. Cooperative Efforts
    In addition to the landowner consent requirements described in 
Section B Part 1 of these guidelines, a maintenance agreement between 
the administering agency and the landowner(s) may be incorporated as 
part of the reclamation plan to insure the continued success of the 
reclamation project. Estimated costs as well as financial and 
administrative responsibilities should be recognized in any agreement.
e. Joint Projects
    Joint undertakings between the administering agency and the 
landowner(s) or other local, State, tribal, or Federal agencies are 
supported and encouraged.

4. Emergency Projects

a. Authority for Emergency Reclamation
    Authorities and requirements for rights of entry to carry out 
emergency reclamation projects are contained in Section 410 of the Act.
b. Emergency Project Considerations.
    (1) Emergencies are differentiated from Priority 1 projects by 
interpretation of the phrases ``sudden danger'' and ``high probability 
of substantial physical harm'' in the definition of ``emergency'' 
contained in these guidelines.
    (2) Justification for emergency action must be based on whether 
immediate action is crucial to eliminate the danger of harm to persons. 
The time element referenced by the phrase ``before the danger can be 
abated under normal program operation procedures'' means that the 
danger is so imminent that time is not available for normal project 
contractual procedures.
    (3) A limited amount of nonemergency work may be conducted in 
conjunction with emergency abatement if such work is cost effective in 
reclaiming the entire project site.
c. Emergency Project Examples
    The following list illustrates examples of sudden situations with a 
high probability of causing substantial physical harm to the health, 
safety, and general welfare of people:
    (1) Subsidence suddenly occurring in or near populated areas or 
roadways.
    (2) Mine water ``blow-outs'' in or near highly used pubic areas.
    (3) Landslides caused by movement of spoil material or mass 
movement due to drainage or seepage from abandoned coal mines 
threatening to destroy homes and businesses or block roads and stream 
channels.
    (4) Actual or potential failure of unstable coal refuse 
impoundments, processing waste banks, or abandoned sediment control 
structures caused by unusual precipitation events significantly 
imperiling downstream populated areas.
    (5) Mine or coal refuse fires that impair the health or safety of 
residents in populated areas.
d. Abatement Procedures
    (1) Reclamation procedures are site specific and often cannot be 
determined until after onsite inspection and evaluation of the nature 
of the emergency, number of people affected, resources available, and 
existing time constraints.
    (2) Emergency reclamation need not resemble final restoration. The 
objective of emergency reclamation is to stabilize the problem and 
eliminate the danger to the public. Additional reclamation, to fully 
reclaim the area, may be carried out under regular reclamation programs 
at a later date or, as noted above at Part 4.b.(3), may be performed in 
conjunction with emergency work if cost effective.

5. Incidental Recovery of Coal in Conjunction With Reclamation 
Activities

a. Resource Recovery Potential
    Prior to conducting reclamation activities on land containing coal 
refuse piles, coal waste impoundments, or abandoned mine workings with 
remaining coal resources, the economic and technical feasibility of 
further coal recovery should be evaluated for that project area. The 
State administering agency determines if any coal can be recovered and 
may consult the State regulatory authority, as necessary, in making 
this determination.
b. Incidental Recovery of Coal
    If coal is recovered during reclamation and is determined to be 
incidental to the reclamation activities, the associated coal recovery 
activity is exempt from Title V regulations, in accordance with Section 
528 of the Act and 30 CFR Part 707. The State regulatory authority is 
responsible for determining the exemption and is responsible for 
enforcing the requirements of 30 CFR Part 707. Exemption criteria 
include:
    (1) Coal recovery must be incidental to reclamation activities.
    (2) The project must be government-financed as defined in 30 CFR 
Part 707.
    (3) All coal recovered must be contained within the project area.
c. Active Mining Permit Requirements
    If coal recovery is not incidental to the reclamation project or 
does not meet other requirements for exemption, the State regulatory 
authority will ensure that all permits required under Title V are 
obtained before reclamation activities commence.
d. Recovered Coal Disposition
    Any revenues received from the sale of coal which was recovered 
incidental to reclamation should be deposited to the Fund pursuant to 
Section 401(b)(4) of the Act or otherwise used to offset the cost of 
reclamation. Applicable consents

[[Page 68781]]

should clearly authorize the extraction of coal and communicate the 
disposition of the coal and associated revenues.
e. Future Coal Recovery
    If the mineral estate under the area to be reclaimed contains 
unmined coal seams, reclamation activities should include reasonable 
and cost effective efforts to protect the future recoverability of 
those seams. However, coal seams left in place during reclamation will 
be deemed to be unrecoverable at the time of reclamation and any future 
attempts to mine such seams will have to comply with any permit 
requirements in place at the time the new mining is proposed.

6. Abandoned Structures and Equipment

a. Investigation
    (1) The administering agency should perform an onsite investigation 
of abandoned structures or equipment and encourage the landowner(s) to 
recover any salvage value by disposal prior to the initiation of any 
reclamation project.
    (2) The onsite investigation should be conducted by the 
administering agency and should address--
    (a) The type, quantity, age, and apparent condition of all 
abandoned structures or equipment.
    (b) The structural soundness, visual quality, historical 
significance, effect on proposed reclamation activities, and land uses 
in the area. The structural soundness of the structure should be 
evaluated in relation to public health, safety, general welfare, and 
the post reclamation use.
    (c) The disposal or retention of the structures or equipment in 
accordance with local, State, tribal, and Federal laws.
    (d) Methods to eliminate the safety hazards associated with 
structures or equipment that are retained on the reclaimed site.
b. Ownership Rights
    The landowner(s) may recover any salvage value by disposal of the 
abandoned structures or equipment prior to the initiation of any 
reclamation project. The administering agency is responsible for 
securing consent to dispose of or modify the abandoned structures or 
equipment not disposed of by the landowner(s).
c. Disposal Revenues or Benefits
    Any revenues or benefits received from the sale or use of abandoned 
structures or equipment as a result of reclamation should be used to 
offset the cost of reclamation or deposited to the Fund pursuant to 
Section 401(b)(4) of the Act. All such revenues or benefits should be 
documented in the project file.

7. Borrow and Disposal Areas

a. Site Selection
    The borrow and disposal areas created by reclamation activities 
should be subject to and conducted in accordance with applicable local, 
State, tribal, or Federal reclamation requirements. Borrow and disposal 
areas should be located on the site of the reclamation project if 
possible. Offsite borrow and disposal areas should be utilized only 
when no onsite area is available and it is necessary to protect the 
health and safety of the public, provide an area more suitable for 
reclamation and less prone to constitute a hazard in itself, produce an 
improved land use, or protect the environment.
b. Adverse Impacts
    Adverse impacts of the selected areas should be minimized by 
disturbing the smallest possible area; providing adequate drainage, 
dust, and erosion control measures; protecting historic and cultural 
values; protecting visual esthetics; protecting fish and wildlife 
values; protecting the health and the safety of the community and the 
public; and reclaiming the borrow and disposal area after termination 
of the project.

8. Program and Project Evaluation

a. General Evaluation Considerations
    Reclamation activities are to be evaluated on a regular basis to 
determine the effectiveness of the program/project in reclaiming 
abandoned lands. The objective is to identify those abatement/control 
methodologies that have been effective over time as well as those with 
demonstrated deficiencies that need to be improved or changed. Project 
evaluation measures the success or failure of the applied techniques 
while program evaluation determines the effectiveness of the overall 
program, including regulations and policies. Evaluation efforts 
include, but are not limited to, recording accomplishments, making 
onsite reviews before, during, and after reclamation, and analyzing 
fund management.
b. Evaluation Report
    The administering agency will prepare a report on its findings and 
recommendations. Recommendations should be used to modify program 
operations on future reclamation activities so that deficiencies will 
not reoccur. If requested, the report should be made available to other 
agencies in order to share information and improve the AML program 
nationwide.

9. Maintenance of Reclamation Work

a. Planned Maintenance
    Reclamation should be done in a manner to minimize or eliminate 
continued long-term maintenance. When long-term maintenance is 
required, it should be identified during the planning and design stages 
and should be developed in cooperation with the landowner(s) and/or 
appropriate agencies through formal agreement. Maintenance plans should 
include maintenance requirements, inspection schedules, technical 
assistance needed, and funding requirements.
b. Unplanned Maintenance
    AML projects often involve conditions unforeseen during the design 
period, that may affect the achievement of permanent reclamation and 
long term stability. Reclamation programs should develop and implement 
general policies for performing post construction monitoring to address 
unanticipated maintenance needs. The plan should include, at a minimum:
    (1) A plan for post construction monitoring of sites to determine 
maintenance needs;
    (2) A procedure for determining when and when not to perform 
additional maintenance when problems are identified in the field;
    (3) A procedure to determine when a site has reached long term 
stability, and that future monitoring is unneeded, including a 
landowner notification policy;
    (4) A method for dealing with situations where landowner practices 
make future maintenance unproductive.

10. Noncoal Projects

a. Guideline Applicability
    States with approved reclamation plans may undertake noncoal 
reclamation projects under the specific provisions in Section 409 of 
the Act or after certification that all coal related problems have been 
reclaimed, as authorized in Section 411 of the Act.
b. Priorities Under Section 409
    Noncoal projects to be reclaimed under Section 409 of the Act must 
be at the request of the Governor of the State or the governing body of 
an Indian tribe and must comply with the priorities stated in Section 
403(a)(1), except that the term ``coal'' does not apply. The 
reclamation must be for the protection of public health, safety, 
general welfare,

[[Page 68782]]

and property from extreme danger of adverse mining practices.
c. Priorities Under Section 411
    Noncoal projects to be reclaimed under Section 411 of the Act may 
not proceed until the State has certified that all coal problems have 
been resolved. Planning and design work for reclamation of noncoal 
projects may commence prior to completion of all coal projects.

C. Site Considerations

1. Mine Drainage

a. General Considerations
    The reclamation plan should attempt to minimize or control mine 
drainage and include procedures to treat impounded waters containing 
toxic materials prior to release. At-source control measures are 
preferred over long-term treatment methods to eliminate or minimize 
maintenance.
b. At-Source Control Measures
    Controlling or minimizing mine drainage at its source can be 
accomplished by--
    (1) Mine-sealing techniques, including grout curtains and slurry 
trenching. Factors to be considered when planning to seal mines are the 
potential to develop hydrostatic heads, the accessibility of the area, 
and the integrity of the surrounding geologic formations.
    (2) Infiltration control and water diversion. Factors to be 
considered include topography, control of surface water, effects on 
ground water, the control of water passage through openings, and the 
storm event design.
    (3) Daylighting, the surface mining procedures and excavation 
processes utilized to expose underground mine works for partial or 
complete removal of the remaining material underlying the surface. 
Factors to be considered include the depth of overburden, marketability 
of the mineral, and safety measures.
c. Treatment Measures
    Secondary treatment of mine drainage can be carried out by the 
addition of neutralizing agents. Permanent treatment facilities should 
be designed to minimize operation and maintenance costs and should only 
be considered if no other means exists to abate the problem. Written 
assurance, from the landowner or any other interested party, should be 
obtained that the treatment facilities will be maintained after 
appropriations for the abandoned mine land program cease.
d. Coal Refuse Piles and Coal Waste Embankments
    Methods of reclaiming land containing coal refuse, coal wastes, or 
abandoned workings include, but are not limited to--
    (1) Removing the coal refuse or coal waste to an environmentally 
acceptable site, subject to all appropriate approvals;
    (2) Burying the refuse or waste, diverting water away from or 
around the reclaimed area whenever possible or layering the reuse 
material with clay or other impervious material, when practical, to 
prevent water infiltration and contamination;
    (3) Treating the refuse pile in place by--
    (a) Diverting water around the coal refuse and/or waste,
    (b) Collecting and conveying drainage from the refuse pile for safe 
disposition (an approved water pollution control facility should be 
used if needed to meet quality standards),
    (c) Grading and contouring waste structures to drain water off the 
disposal site,
    (d) Covering the refuse with a suitable thickness of nontoxic or 
nonacid-forming material or treating the refuse with lime or other 
material to prevent acid or other toxic drainage, or
    (e) Any combination of the above treatments.

2. Active Slides and Slide-Prone Areas

a. Site Evaluation Factors
    Factors that should be considered on a case-by-case basis in the 
evaluation of slides or slide-prone areas include--
    (1) The topography of the ground surface as an indication of past 
landslide activity and potential instability. Topographic data 
collected should include contour maps at 2- to 5-foot intervals, 
surface drainage characteristics, locations of ponded surface water, 
and slope profiles.
    (2) The geology of the subsurface. Rock formations and geologic 
structure including folds, faults, joints, and shear zones should be 
identified whenever possible. This information may be useful in 
comparing the landslide potential of various areas.
    (3) The soil or spoil material. Description of the slide-prone 
material should include its texture, permeability, and engineering 
properties as well as the related soil-rock ratios.
    (4) Ground water sources. Springs and seeps, dump areas, adits, 
auger holes, drill holes, and coal seams should be identified.
    (5) Vegetative cover. Vegetation will affect the stability of the 
slide or slide-prone area. Deep masses of roots may provide sufficient 
reinforcement to distort the geometry of the slide and trees with deep 
tap roots may curtail severe movement. Vegetative cover within a 
landslide area should be compared to that within the surrounding area 
and with that present at known landslide areas.
    (6) Other physical factors. These include timber coverage or lack 
of it on slopes, parent material and volume of spoil, proximity to 
other slides, or other data specific to the slide area which may be 
helpful in designing the best structural specifications for stabilizing 
the area.
    (7) U.S. Geological Survey slide-prone maps, U.S. Department of 
Agriculture soil maps, and other related data.
b. Remedial Measures
    Reclamation and stabilization of slide areas may be achieved by one 
or more of the following methods, typically a combination of--
    (1) Removing unstable material or by terracing.
    (2) Installing surface and/or subsurface drainage such as rip-rap 
channels, french drains, pumping wells, etc.
    (3) Installing support and reinforcement systems such as retaining 
walls, gabions, vertical pilings, etc.
    (4) Revegetation.

3. Erosion and Sedimentation

a. Erosion and Sediment Control Considerations
    Erosion and sediment control measures should be designed in 
accordance with Federal, State and local laws and should--
    (1) Minimize erosion from the reclamation site and adjacent lands, 
minimize water pollution from sediment, acid drainage, and other toxic 
materials, and provide conditions suitable for the planned land use.
    (2) Maintain the soil resource within acceptable soil loss limits. 
Allowable sheet and rill erosion rates should be commensurate with the 
soil resulting from reclamation. Information relative to allowable soil 
loss limits may be obtained from local NRCS Office.
    (3) Expose the least amount of land at any one time, with the more 
hazardous areas exposed for the shortest time and during the season 
when extreme rainfall is least likely to occur.
    (4) Complete reclamation activities so Revegetation can take place 
at the most advantageous time of year.
    (5) Control foot and vehicular traffic and grazing until vegetation 
is established.

[[Page 68783]]

b. Erosion Control Practices
    Well established vegetation is generally the most cost-effective 
means of erosion control. Other methods may include one or more of the 
following, in conjunction with vegetation, to achieve temporary and/or 
permanent erosion control.
    (1) Mulches may be used for temporary erosion control and in some 
cases stabilizing agents such as gravel, stone, and concrete blocks may 
be used for permanent protection.
    (2) Permanent structural measures may be used to divert runoff, 
reduce slope length, and provide for an effective runoff disposal 
system.
    (3) Temporary vegetation and/or structural measures may be needed 
for erosion control during reclamation. Provisions should be made to 
remove the temporary control measures and stabilize the area when they 
are no longer needed.
c. Sediment Trapping Practices
    When erosion controls are incapable of preventing excessive 
sediment buildup, either during reclamation or permanently, the excess 
sediment should be controlled to prevent offsite contamination.
    (1) Temporary sediment control measures such as filter strips, 
sediment traps, and sediments basins, should be stabilized and 
maintained during their planned life.
    (2) Permanent sediment basins should be maintained and the sediment 
removed when it accumulates to the design level. The use of permanent 
sediment basins should be minimized because of the continuing 
maintenance responsibility.


4. Vegetation

a. Existing Vegetation Inventory and Evaluation
    The administering agency should complete an inventory and 
evaluation of existing vegetation and site conditions prior to 
developing the design and specifications for a project. The permanent 
vegetation selected to cover the reclaimed mine land should be 
compatible with the site characteristics and the intended land use of 
the reclaimed and surrounding land and provide adequate erosion 
control.
b. Vegetative Requirements
    The vegetation portion of the project design and specifications 
should be developed considering requirements itemized for each of the 
following cases:
    (1) In areas where the present plant species are inadequate or 
undesirable and only a change in vegetation is needed--
    (a) Necessary erosion and sediment control structures should be 
installed to protect the area from excessive erosion and sedimentation 
during the vegetation establishment period. Temporary vegetation may be 
used alone or in combination with a mulch or other stabilizing agent in 
accordance with the needs of the site.
    (b) The newly planted area should be protected from excessive use, 
especially livestock grazing, during the establishment period.
    (2) In areas where changes in topography and vegetation are 
needed--
    (a) Changes in topography should be made to improve esthetics 
aspects of the site, permit establishment of desirable vegetative 
cover, and insure compatibility with the planned land use;
    (b) Temporary vegetation should be used to protect stockpiles of 
soil materials for a short time or to provide temporary cover until the 
permanent vegetation is established.
    (3) In areas where the present spoil material is unsuited for 
vegetation the spoil material should be covered or replaced with 
material that will support the desired vegetation. If covering or 
replacement costs are prohibitive, attempts should be made to create a 
suitable plant growth medium upon which vegetation may be established.
    (4) In areas where alteration of the site to support vegetation is 
impractical sediment should be confined to the immediate area if 
feasible. Surface runoff should be treated to an acceptable level of 
quality before discharging offsite if necessary.

5. Toxic Materials

a. Sampling and Analysis Consideration
    The administering agency should sample sites suspected of 
containing administering agency should sample sites suspected of 
containing toxic materials. Chemical and/or physical analyses may 
include, but are limited to;
    (1) pH (paste).
    (2) SMP Buffer (tests pH of solution prior to weathering).
    (3) Net acidity or alkalinity, or potential acidity.
    (4) Total sulfur (sulfate and sulfide).
    (5) Electrical conductivity (mmhos/cm).
    (6) N,K,P and USDA texture class when material is to be used as 
post-reclamation plant growth medium.
    (7) Organic matter (quantity and type).
    (8) Visual and/or microscopic identification of potential toxic or 
acid forming materials.
b. Planning Considerations
    The administering agency should consider the following items in 
their planning efforts on projects containing toxic materials:
    (1) Critical toxic limits.
    (2) Containment or segregation of toxic materials using sealed pits 
or embankments and/or covering the toxic materials with compacted clay 
or some other suitable material.
    (3) Site preparation, including grading, backfilling, 
scarification, and application of appropriate growing medium, chemical 
fertilizers, lime gypsum, mulches, or sludge.
    (4) Water management control, including surface and subsurface 
drainage, sediment control, and soluble toxic elements.
    (5) Necessary monitoring and required maintenance, if any.
    c. Sites Eligible Under CERCLA. AML sites containing AMD or other 
toxic material may be eligible for clean-up under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA) if 
included on the national priority list (NPL). Listing of a site on MPL 
makes the site ineligible for AML funding.

6. Hydrologic Balance

a. Planning Considerations
    After identification of areas needing restoration of the hydrologic 
balance, the administering agency should consider the following items 
in their planning.
    (1) Evaluation of procedures needed to reduce or eliminate 
pollution to receiving surface and subsurface waters, including 
technical and economic constraints.
    (2) Potential beneficial and/or adverse effects of proposed 
restoration activities on offsite hydrologic systems.
    (3) Post reclamation land use of the site and surrounding area.
b. Surface-Water Considerations
    Restoration of surface drainage should maximize erosional and 
ecological stability. Factors to be considered include, but are not 
limited to:
    (1) Type of reconstruction materials to be used, stream gradient, 
fish and wildlife habitat, and compatibility with adjoining undisturbed 
surface drainage.
    (2) Use of the reclaimed area as a source of ground-water recharge 
and the potential for downstream flooding.
    (3) Feasibility of long-term, self-maintaining erosion control 
measures to enhance stream and flood plain stability.
    (4) Construction of water impoundments which do not adversely

[[Page 68784]]

affect the restoration of the hydrologic balance and are in accordance 
with applicable local, State, tribal, or Federal requirements.
c. Ground-Water Considerations
    Restoration of ground water should be done in a manner that will 
not diminish or degrade water leaving the site. Factors to be 
considered include, but are not limit to:
    (1) Evaluation of the re-established water table, relative to the 
reclaimed land surface.
    (2) Evaluation of the ground-water recharge capacity, considering 
the underlying aquifers and backfill materials.
    (3) Identification of toxic and/or acid forming materials and 
procedures to eliminate or minimize contamination of the water table.

7. Public Health and Safety

a. Dump Sites
    Abandoned mine sites used as dumps are usually excellent breeding 
places for insect and vermin and could pose a hazard to public health. 
The presence of a dump in an abandoned mine site should not be 
considered the primary reason for reclamation, but may be considered in 
raising the site priority in the same objective category. Prior to any 
reclamation work on dumps, the local, State and/or tribal agency should 
be encouraged to abate the problem under other existing authorities and 
consulted regarding proper disposal methods.
b. Highwall Danger
    Highwalls may create a significant danger to public health or 
safety when there is public use of the area above the highwall and/or 
there is evidence of sloughing that may damage structures or block 
roads and stream channels. Reclamation techniques include, but are not 
limited to:
    (1) Reducing the highwall height,
    (2) Backfilling and grading the highwall to a stable slope, or
    (3) Providing a physical barrier to limit accessibility and 
material movement.
c. Mine Opening and Subsidence
    (1) The administering agency should consider the following items 
when planning for subsidence control projects:
    (a) Exploratory drilling to determine the locations, size, and 
condition of abandoned underground mine openings with the potential to 
subside (except in emergencies).
    (b) Proximity to populated areas with high public use.
    (c) Notification to all local, State, and tribal land use planning 
agencies of potential subsidence areas.
    (2) Restricting entry to mine openings by constructing physical 
barriers and/or fencing for emergency situations until the opening can 
be properly reclaimed.
d. Radiation Emission
    Where radiation constitutes a potential public health or safety 
problem, the administering agency should coordinate with other 
pertinent agencies prior to reclamation activity. Normally, this 
coordination is done during the development of the State reclamation 
standards for radiation.
e. Domestic Water Supplies
    Control measures designed to protect or restore domestic water 
supplies should consider the number of people affected, the type and 
concentration of pollutant(s), and the type and cost of control 
technology. Clean-up or restoration of domestic water supplies should 
be restricted to source control where possible.
f. Surface and Underground Mine Fires
    Only fires associated with abandoned mines or in virgin seams 
associated with other abandoned mine reclamation problems are eligible 
for Title IV funding.
    (1) Prior to initiating control or extinguishment efforts, geologic 
investigations should be carried out to determine the extent of the 
fire and the amount of remaining combustible material.
    (2) Reclamation design and procedures should include method to 
control or eliminate hazardous gases, fumes, and other types of air 
pollution associated with the fire.
g. Hazardous/Explosive Gases
    Toxic gases, other than those associated with mine fires, may 
require site specific control or treatment procedures. For example, 
methane seeking into a residence must be vented and should be monitored 
for a reasonable amount of time to ensure the area is safe. Whenever 
possible gases should be vented or sealed off at their source.

8. Esthetics and Visual Values

    Reclaimed lands should, to the extent that it is feasible, conform 
to the visual aspects of the surrounding landscape. The reclamation 
design and procedures should take into consideration the proximity to 
public high use areas and the visual impact within the context of the 
viewing distance.
a. Visual Degraders
    The administering agency determines what conditions are visually 
degrading and should be considered for visual improvement. Visual 
degraders may include, but are not limited to, highwalls, erosion, 
discolored water, haul roads, refuse piles, slurry ponds, spoil piles, 
abandoned mining equipment and structures, garbage and refuse dumps, 
open pits, and deforestation.
b. Esthetics Problem Solutions
    Solutions for esthetics problems may involve removal of offensive 
material or condition, strategic placement of screening materials, and/
or the use of appropriate plant species. Guidelines and standard to 
evaluate visual resources developed by the U.S. Forest Service, NRCS, 
U.S. Bureau of Land Management, National Park Service, and other 
agencies should be adapted for use in evaluating and planning visual 
solutions.

9. Fish and Wildlife Values

a. Project Identification Requirements
    The administering agency should periodically provide a list of 
proposed and on-going abandoned mine land activities to the 
conservation or land management agencies with responsibilities for fish 
and wildlife or their habitats and should request pertinent information 
and suggestions from these agencies.
b. Determining Fish and Wildlife Values and Goals
    The administering agency should review information provided by the 
conservation and land management agencies with responsibilities for 
fish and wildlife or their habitats to determine the pre-reclamation 
fish and wildlife values of abandoned mine land sites. The 
administering agency should then determine the fish and wildlife goals 
for each project, in relation to that project's determined fish and 
wildlife values and the program priority objectives.
c. Planning Considerations
    The administering agency should encourage the consideration of fish 
and wildlife values in all reclamation activities, including those 
whose primary purposes for reclamation are related to public health, 
safety, or general welfare. If fish and wildlife values are determined 
to be among the goals of the reclamation efforts, the administering 
agency should incorporate them into the reclamation plan.

[[Page 68785]]

d. Installing and Maintaining Established Fish and Wildlife Habitat 
Values
    The administering agency should insure that all fish and wildlife 
measures contained in the selected plan are implemented and should 
encourage the landowner(s) to maintain them at or above the planned 
level.

10. Air Quality

a. Air Quality Standards
    All reclamation activities should be conducted in accordance with 
applicable local, State, tribal, or Federal air quality standards.
b. Coordination Requirements
    Local, State, tribal, or Federal air quality officials should be 
contacted prior to reclamation planning activities for requirements 
concerning air quality permit procedures, applicable standards, and 
possible control measures.
c. Air Quality Degradation and Improvement
    Long-term air quality improvements which will result from 
reclamation should have priority over possible short-term air quality 
degradation caused by reclamation construction.

[FR Doc. 96-33108 Filed 12-27-96; 8:45 am]
BILLING CODE 4310-05-M