Environmental Quality, Dept. of

Abandoned Mine Reclamation Program

Chapter 5: Eligibility and Priority of Reclamation Projects

Effective Date: 12/15/2009 to Current

Rule Type: Current Rules & Regulations

Reference Number: 020.0001.5.12152009

CHAPTER 5

ELIGIBILITY AND PRIORITY OF RECLAMATION PROJECTS

Section 1. General.

This Chapter establishes criteria for determining eligible coal and noncoal projects and for prioritizing eligible projects for funding. Eligible projects shall be ranked for funding in accordance with the requirements established under this Chapter and W.S. 35-11-1202 (West 2007).

Section 2. Eligible coal lands and waters.

(a) Lands and water eligible for reclamation are those which were adversely affected by coal mining and processing practices prior to August 3, 1977; and

(b) The lands and waters were left in an unreclaimed or inadequate state of reclamation for which there is no continuing reclamation responsibility under state or federal law or as a result of bond forfeiture where the forfeited bond is insufficient to pay the total cost of reclamation.

Section 3. Eligible noncoal lands and waters.

(a) Lands and waters eligible for reclamation are those which were adversely affected by mineral mining and processing practices prior to August 3, 1977; and

(b) The lands and waters were left in an unreclaimed or inadequate state of reclamation for which there is no continuing reclamation responsibility under state or federal law or as a result of bond forfeiture where the forfeited bond is insufficient to pay the total cost of reclamation.

(c) In determining eligibility under subsection (a), lands and waters affected by mineral mining and processing practices and under the jurisdiction of the Forest Service shall utilize the effective date of August 28, 1974, whereas lands and waters under the jurisdiction of the Bureau of Land Management shall utilize the effective date of November 26, 1980.

Section 4. Prioritization of reclamation projects.

The following priority shall be used to determine the expenditure of AML funds:

(a) Eligible coal lands and waters given the following ranking for funding:

(i) Protection of public health, safety, general welfare and property from the extreme danger of the adverse effects of coal mining and processing practices;

and

(ii) Protection of the public health, safety and general welfare from adverse effects of coal mining and processing practices.

(b) Eligible noncoal lands and waters, and restoration of eligible coal land and water resources and the environment previously degraded by the adverse effects of coal mining and processing practices. Eligible noncoal lands and waters given the following ranking for funding:

(i) Protection of public health, safety, general welfare and property from the extreme danger of the adverse effects of noncoal mining and processing practices;

(ii) Protection of the public health, safety and general welfare from adverse effects of noncoal mining and processing practices; and

(iii) Restoration of land and water resources and the environment previously degraded by the adverse effects of noncoal mining and processing practices.