Wyo. Code R. 020-0001-7
Abandoned Mine Reclamation Program
Chapter 7: Eligibility and Priority of Projects
Effective Date: 12/13/1991 to 12/15/2009
Rule Type: Superceded Rules & Regulations
Reference Number: 020.0001.7.12131991
Section 1. General. This Chapter establishes criteria for determining eligible coal, noncoal and public facility 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.
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.
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.
(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 28, 1980.
Section 4. Eligible Facilities and Utilities.
(a) Eligible public facilities and utilities projects include:
(i) Existing public facilities or utilities adversely affected by coal mining and processing practices which occurred prior to August 3, 1977.
(ii) Existing facilities and utilities serving the public and adversely affected by mineral mining and processing practices which occurred prior to August 3, 1977.
(iii) The construction of new public facilities or utilities in communities impacted by coal or mineral mining and processing practices.
(b) Eligible 'communities' under subsection (a)(iii) of this section include incorporated cities and towns, counties, special districts or joint powers boards which have relied on the coal or mineral 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 coal or mineral industries.
(ii) Activities of public benefit which are related to impacts from the coal or mineral industries.
Section 6. Ranking Eligible Projects for Funding. The Program, considering the recommendations of the Abandoned Mine Land Advisory Board, shall develop eligible projects and establish funding priorities in the order listed in this section:
(a) Lands, waters and public facilities or utilities which are eligible under Section 2. and Section 4.(a)(i) of this Chapter shall have the highest priority for funding. Eligible projects shall include and be ranked for funding as follows:
(i) Protection of public health, safety, general welfare and property from the extreme danger of the adverse effects of coal mining and processing practices.
(ii) Protection of the public health, safety and general welfare from adverse effects of coal mining and processing practices.
(iii) Restoration of land and water resources and the environment previously degraded by the adverse effects of coal mining and processing practices.
(iv) Protection, repair, replacement, or enhancement of existing public facilities or utilities adversely affected by coal mining and processing practices.
(b) Funding for lands, waters, and facilities eligible under Section 3. and Section 4.(a)(ii) and (iii) of this Chapter shall reflect the following priorities, in the order stated:
(i) The protection of public health, safety, general welfare and property from the extreme danger of adverse effects of mineral mining and processing practices.
(ii) The protection of public health, safety, and general welfare from the adverse effects of mineral mining and processing practices.
(iii) The restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices.
(iv) The protection, repair, replacement, or enhancement of existing facilities or utilities serving the public and adversely affected by mineral mining and processing practices, or the construction of new public facilities or utilities in communities impacted by coal or mineral mining and processing practices. Projects qualifying under this subsection shall be ranked for funding considering the following criteria:
(A) 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.
(B) 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.
(C) 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) The Governor may seek funding for projects eligible under section 5. of this chapter prior to the projects ranked for funding under Section 6.(b) of this Chapter. 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.
(d) Nothing in this Section shall affect the status of projects that have already been developed and submitted in a grant for federal funding prior to July 1, 1992.