Abandoned Mine Land Program

Eligible Lands and Water--

As set out in SEC. 404, Eligible Lands and Water, with references to other sections, are:

1. Pre-SMCRA Coal Impacted--  Those which were mined for coal or which were affected by such mining, waste banks, coal processing, or other coal mining processes, except as provided for under section 411 (section pertaining to what can be reclaimed after a State or Indian tribe has reclaimed all known eligible coal related problems) and abandoned or left in an inadequate reclamation status prior to the date of the enactment of SMCRA (August 1977), and for which there is no continuing reclamation responsibility under State or Federal laws.

2. Interim Coal Sites-- The surface coal mining occurred between the time SMCRA was enacted and a State's program was approved by the Secretary of the Interior and any funds for reclamation or abatement which are available from a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement of the site. [SEC. 402(g)(4)(B)(i)]

3. Insolvent Surety -- The surface coal mining operation occurred between the time SMCRA was enacted and November 5, 1990, and that the surety (for a fee, the surety company guarantees of the bond amount should the coal producer not reclaim the site. Some of these surety companies went bankrupt and thus were unable to pay the bonded amount.) of such mining operator became insolvent during that period and funds immediately available from proceedings related to such insolvency, or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site. [SEC. 402(g)(4)(B)(ii)]

4. Water supply-- Any State or Indian tribe may expend up to 30% of its annual AML grant for the purpose of protecting, repairing, replacing, constructing, or enhancing water supply facilities to replace water supplies adversely affected by coal mining. [SEC. 403(b)(1)]

5. Non Coal

a.  Filling Voids and Sealing Tunnels--  A State or Indian Tribe may reclaim a non coal related AML problems creating an extreme danger (Priority 1) before reclaiming all known eligible coal related problems.  [SEC. 409]

 

b.  After Certification--  After the Secretary of the Interior has concurred with the certification of the Governor of a State or head of the governing body of an Indian tribe with an approved AML program that all known eligible coal related AML problems have been addressed, the State or Indian tribe may use Abandoned Mine Reclamation Fund moneys (State/Tribal share only) to reclaim eligible non coal related AML problems. [SEC. 411]

Abandoned Mine Reclamation Fund-- SEC. 401. (a) Abandoned Mine Reclamation Fund and Purposes

There is created in the books of the Treasury of the United States a trust fund to be known as the Abandoned Mine Reclamation fund which shall be administered by the Secretary of the Interior...

(b) The fund shall consist of amount deposited in the fund, from time to time derived from

(1) the reclamation fees levied under section 402;

(2) any user charge imposed on or for land reclaimed pursuant to this title, after expenditures for maintenance have been deducted:

(3) donations by persons, corporations, associations, and foundations for the purposes of this title;

(4) recovery moneys as provided for in this title; and

(5) interest credited to the fund under subsection (e).

 

Priorities

Priority 1-- the protection of public health, safety, general welfare, and property from extreme danger of adverse affects of past mining practices;

Priority 2-- the protection of public health, safety, general welfare, and property from adverse affects of past mining practices;

Priority 3-- the restoration of land and water resources and the environment previously degraded by adverse of past mining practices including measures for the conservation and development of soil, water, woodland, fish, wildlife, recreation resources, and agricultural productivity;

Priority 4-- the protection, repair, replacement, construction, or enhancements of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by past mining practices; and

Priority 5-- the development of publicly owned land adversely affected by mining practices including land acquired for recreation and historic purposes, conservation, and reclamation and open space benefits.

Pre-SMCRA

Before the "Surface Mining Control and Reclamation Act of 1977" was passed on August 3, 1977.

OSM--State/Indian Tribe Programs

States/Tribes having an OSM approved AML program.

OSM--State Emergencies

States having an OSM approved AML program and also managing their own AML Emergency Program.

OSM-- Federal Reclamation

OSM conducts AML reclamation in States/Tribes not having an OSM approved AML Program.

RAMP-- Rural Abandoned Mine Program

A program administered by the Natural Resources Conservation Service under the U.S. Department of Agriculture. It is primarily aimed at resoring land and waters degraded by past mining.

Non Coal

Moneys from the AML Fund may be used to reclaim non coal problems if:

1. The Secretary, at the request of the Governor of any State, or governing body of an Indian tribe, may reclaim any non coal problems determined to be a greater threat to human health and safety than any unfunded coal related problems. State/Tribal AML programs are authorized to carry out such work [SEC. 409, Filling Voids and Sealing Tunnels]. or

2, After a State/Tribe has been certified that is has funded all remaining eligible coal related problems. [SEC. 411, Certification]

Interim sites

The surface coal mining occurred between the time SMCRA was enacted and a State's program was approved by the Secretary of the Interior and any funds for reclamation or abatement which are available from a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement of the site.

 Insolvent Surety Sites

The surface coal mining operation occurred between the time SMCRA was enacted and November 5, 1990, and that the surety (for a fee, the surety company guarantees of the bond amount should the coal producer not reclaim the site. Some of these surety companies went bankrupt and thus were unable to pay the bonded amount.) of such mining operator became insolvent during that period and funds immediately available from proceedings related to such insolvency, or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site.

AMD

Any State may establish under State law an acid mine drainage abatement and treatment fund from which amounts (together with all interest earned on such accounts) are expended by the State to implement, in consultation with Natural Resources Conservation Service under the U.S. Department of Agriculture, acid mine drainage and treatment plans approved by the Secretary of the Interior. Such plans shall provide for the comprehensive abatement of the causes and treatment of the effects of acid mine drainage within qualified hydrologic units affected by coal mining practices.

Remining, other

AML reclamation achieved when the site is remined to get the remaining coal, natural forces have reclaimed the site, or other actions such as highway building have reclaimed a problem.

Unfunded

A project to reclaim the problem has not yet been funded.

Funded

A project to reclaim the problem has been funded and work may be under way.

Complete

A project funded to reclaim the problem has been completed.