Wyo. Code R. 020-0001-1
Abandoned Mine Reclamation Program
Chapter 1: Authorities, Definitions & General
Effective Date: 12/13/1991 to 12/15/2009
Rule Type: Superceded Rules & Regulations
Reference Number: 020.0001.1.12131991
Section 1. Authority. These rules and regulations are adopted by the Governor pursuant to the authority provided by W.S. 35-11-1207(A).
(a) 'Adversely affected' means a harmful or unfavorable impact that can be directly connected to mining or mining practices.
(b) 'Appraisal' means an appraisal which meets the quality of practices found in the handbook on 'Uniform Appraisal Standards for Federal Land Acquisitions' (Interagency Land Acquisition Conference 1973).
(c) 'Competitive bidding' means, at a minimum:
(i) publication of a notice once a week for four weeks in a local newspaper, describing the land to be sold and stating the appraised value, any applicable restrictive covenants, and the time and place of the sale;
(ii) provisions for sealed bids to be submitted prior to the sale date followed by an oral auction open to the public.
(d) 'Continuing reclamation responsibility' means responsibility for reclamation by the operator, permittee, or agent of the permittee, 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.
(e) 'Emergency' means a sudden danger or impairment that presents a high probability of substantial physical harm to the health, safety, or general welfare of the people before the danger can be abated under normal program operation procedures. This shall be supported by a written finding from the Director.
(f) 'Enhancement' means improvements necessary to meet local, state or federal public health, safety or standard operations requirements but does not include areal expansions, additions or substitutions.
(g) 'Left or abandoned in either an unreclaimed or inadequately reclaimed condition' means:
(i) lands where all mining processes ceased and no permit existed as of August 3, 1977; and
(ii) lands or water which continue in their present condition to substantially degrade the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public.
(h) “Mineral” means clays, stone, sand, gravel, metalliferous and nonmetalliferous ores, and any solid material or substance extracted in solid form from natural deposits on or in the earth, excluding coal and those minerals which occur naturally in liquid or gaseous form, such as oil and gas development and production.
(i) “Program” means the State Abandoned Mine Reclamation Program established in accordance with title IV of P.L. 95-87 by W.S. 35-11-1201 through 1207, including the State Reclamation Plan and annual projects to carry out the purposes of the program.
(j) “Reclamation” means, for the purpose of the program, restoration, reclamation, abatement, control or prevention of adverse effects of mining.
(a) The authority provided by W.S. 35-11-1202(a)(ii) relating to noncoal activities shall be limited to acquisition or reclamation requested by the Governor for land and water resources which were mined or affected, and left or abandoned in an unreclaimed or inadequately reclaimed condition prior to August 3, 1977, for which there is no continuing reclamation responsibility under state or federal statutes.
(b) All determinations and findings required under the program shall be made in writing.
Upon the occasion or incidence of mine subsidence damage the program shall initiate and undertake in a manner which is coordinated fully with the State Mine Subsidence Insurance Program all reasonable and necessary steps to abate damage and reclaim the land including single family home lots together with improvements not covered by the Mine Subsidence Insurance Program to the extent that the land is fully repaired.