Wyo. Code R. 020-0001-6
Abandoned Mine Reclamation Program
Chapter 6: Public Facilities Projects
Effective Date: 12/15/2009 to Current
Rule Type: Current Rules & Regulations
Reference Number: 020.0001.6.12152009
(a) This Chapter establishes the funding, eligibility, nomination, and procedures to rank and approve public facilities projects which are eligible for AML funding.
(b) If the certified in lieu funds received from the Office of Surface Mining is in excess of the annual amount required to execute the state's reclamation plan and the priorities listed in Chapter 5, the administrator may make the excess funds available for public facilities projects with priority given to those projects meeting the criteria in Section 6(b) of this chapter.
(c) If funds are made available, the division shall solicit proposals for public facilities projects to be considered for selection.
(a) Upon receipt of a proposed public facility project, the division shall conduct an initial evaluation of the proposal to determine eligibility in accordance with the requirements of this Chapter.
(b) All public facilities proposals which are eligible for consideration under this Chapter shall be reviewed and ranked by the division in accordance with this chapter. The division shall present its recommendations to the State Loan and Investment Board for review and approval in accordance with Executive Order #1997-3. The board's review shall include consideration of public comment; the interest of the public body supporting the project and the recommendations of the division. Following analysis of all comments and recommendations, the board shall submit their findings to the division for implementation.
(a) Eligible public facilities and utilities projects include:
(i) Existing public facilities and utilities serving the public and adversely affected by mining and processing practices which occurred prior to August 3, 1977; and (ii) The construction of new public facilities or utilities in communities impacted by mining and processing practices.
(b) Eligible “communities” under subsection (a)(ii) of this section include incorporated cities and towns, counties, special districts or joint powers boards which have relied on the mining industries for a significant portion of their economic base prior to and since August 3, 1977, or for this same time period can demonstrate significant impact upon their tax revenues and services as a result of these industries.
(a) Eligible projects include:
(i) The construction of specific public facilities which have a relationship to the mining industry.
(ii) Activities of public benefit which are related to impacts from the mining industry.
(a) This Section establishes procedure and application requirements whereby interested persons may seek abandoned mine land funding for public facility projects or activities in accordance with the requirements of W.S. 35-11-1202(a)(v), (c) and Sections 3, 4 and 6 of this chapter.
(b) Only incorporated cities and towns, counties, special districts or joint powers boards who own or would own the new facility or sponsor the activity may submit applications for funding.
(c) Applicants may seek abandoned mine land funding for costs associated with the site evaluation, engineering and design, site preparation, construction, equipment purchase, furnishings and maintenance of the facility. The costs to prepare an application in accordance with these requirements must be borne by the applicant.
(d) All applications must be accompanied by a resolution passed by the elected officials representing the applicant and must certify that the proposal contained in the application included public notice and opportunity for citizen input.
(e) All applications filed with the Department shall contain the following minimum information to be considered complete:
(i) Transmittal cover letter signed by a proper authority of the applicant.
(ii) Resolution of governing body supporting the project with documentation of public notice and opportunity for citizen input. (iii) Description of the project, estimated total cost of project, and if the project involves construction of facilities or utilities, a schedule for design and construction with an annual budget breakdown. (iv) Information to demonstrate eligibility of the project in accordance with requirements of Sections 3 or 4 of this chapter. (v) Information to demonstrate need and importance of the project in accordance with the requirements of Section 6 (b) or (c) of this chapter.
(a) The division shall review eligible projects and recommend funding priorities in the order listed in this section: (b) Priority for funding for facilities eligible under Section 3(a) of this Chapter shall be for the protection, repair, replacement, or enhancement of existing facilities or utilities serving the public and adversely affected by mining and processing practices, or the construction of new public facilities or utilities in communities impacted by mining and processing practices. Projects qualifying under this subsection shall be ranked for funding considering the following criteria:
(i) Availability of funds from other local, state or federal sources and the commitment of the impacted community to provide financial support, considering the local tax base and the ability of local governments to provide this support. (ii) The extent to which the project will mitigate the impacts of coal or mineral mining and processing practices, giving first priority to projects which address public health and safety and second priority to providing basic public services and infrastructure. (iii) The need and cost effectiveness of the project to the community and state. Except for projects involving threats to public health and safety, higher priority shall be given to those projects demonstrating a higher benefit to cost ratio.
(c) Not withstanding Section 1 of this chapter, the Governor may seek funding for projects eligible under Section 3 and 4 of this chapter prior to the projects ranked for funding under Section 5(b) and (c) of Chapter 5. The Governor may certify his support for a project considering the following:
(i) That the project has a direct relationship to the State's coal and mineral industries.
(ii) That the project provides significant benefit to the State's coal and mineral industries, or mitigates impacts resulting from these industries to local economies, basic public services, infrastructure, or the environment.
(iii) That the cost of the project is commensurate with the benefits received by the industry, affected communities and state.
(iv) Funding from other sources is limited or unavailable, and local governments, state or federal agencies are unable to commit financial support considering their revenues and tax bases.
(v) There is a demonstrated need and urgency for funding this project prior to projects which qualify for funding under Section 6(b) of this Chapter.
Projects funded with abandoned mine land funds shall receive financial support in accordance with federal grant requirements. All contract services shall be procured through an open and free competitive process, in accordance with W.S. 9-2-1027 et seq. and W.S. 9-2-1016. Expenditure of abandoned mine land funds shall be on a cost reimbursement basis for costs allowable under the grant and federal grant regulations. The Department may enter into agreements with local governments to facilitate project planning, implementation and coordination, provided that such agreements do not increase the costs of the project to the Program nor delegate the responsibility of the Department to fulfill its grant recipient duties and oversight functions.