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Abandoned Mine Land Program Overview
(Updated: January 2001)
Contents
Background:
Title IV of the Surface Mining Control and Reclamation Act of 1977 (SMCRA)
(Go to AML Program Introduction Page to link to Title IV of SMCRA.)
establishes the Abandoned Mine Land (AML) program, which provides for the restoration of
eligible lands and waters mined and abandoned or left inadequately restored.
The following describes aspects of the AML program.
AML Fee:
Fees of 35 cents per ton of
surface mined coal, 15 cents per ton of coal mined underground, and 10 cents
per ton of lignite mined are collected by OSM on all active mining operations.
The fees collected are deposited in an interest bearing Abandoned Mine
Reclamation Fund (AML Fund), which is used to pay reclamation costs of AML
projects. When Congress passed SMCRA, it realized that AML fees would not
generate enough revenue to address every potential eligible site, and left to
the States and Indian tribes the hard choices of which projects to select for
funding.
Expenditures from the AML Fund are
authorized through the regular congressional budgetary and appropriations
process. SMCRA specifies that 50 percent of the reclamation fees collected in
each State with an approved reclamation program be to be allocated to that
State for use in its reclamation program. SMCRA further specifies that 50
percent of the reclamation fees collected annually with respect to Indian lands
will be allocated to the Indian tribe having jurisdiction over such lands,
subject to the Indian tribe having eligible abandoned mine lands and an
approved reclamation plan. The remaining 50 percent is used by OSM to fund
emergency projects [and high-priority] projects in States and Indian tribes
without approved AML programs under the Federal Reclamation Program
(FRP)
; to fund the Rural Abandoned Mine Program
(RAMP)
, administered by the U.S. Department of Agriculture (USDA); to fund the Small
Operator Assistance Program (SOAP); to supplement the State-share funding for
reclamation of abandoned mine problems through State/Indian tribe reclamation
programs; and for Federal expenses to collect the AML fee and administer the
AML program.
Amendments made by the Energy Policy Act of
1992 (H.R. 776) extend fee collections until September 30, 2004.
Small Operator Assistance Program:
Small Operator Assistance Program (SOAP)
provides financial assistance to coal operators whose annual
coal production totals less than 300,000 tons. Funds are provided to cover the
cost of analyzing test borings and core samples, and for determining the
hydrologic consequences of coal mining. Monies for this program have totaled
$55 million through FY 2000. While the costs for analyses come from the AML
Fund, the program is considered a regulatory one, with State and OSM
administrative expenses paid for from the regulatory funds rather than the AML
Fund.
Reclamation Programs:
A primary objective of SMCRA
is for the States/Indian tribes to implement the program. In recognition of the
wide range of climatic and geologic conditions in coal producing areas,
Congress provided that individual States may establish their own programs for
regulating surface and underground coal mining and reclamation on private land.
To fulfill SMCRA's objective to establish uniform national regulatory standards
to protect the environment during and after mining, each State must have an
approved Title V regulatory program to protect the environment during mining
order to have an approved Title IV AML program. Section 405 of SMCRA was
amended on July 11, 1987 to allow the Navajo, Hopi and Crow Indian tribes to
have an approved Title IV program without having an approved Title V regulatory
program.
SMCRA provides authority to use money from
the Fund to reclaim and restore land and water resources adversely affected by
past mining. Most of the lands and water eligible for reclamation under this
authority are those, which were mined or affected by mining and abandoned or
left in an inadequate reclamation status prior to August 3, 1977 and for which
there is no continuing reclamation responsibility under State or other Federal
laws. In 1990, changes to SMCRA extended eligibility to limited sites mined
after August 3, 1977.
OSM has established
guidelines (56 k)
to be considered when developing
plans for abandoned mine land programs and projects. They are issued to provide
general guidance to States, Indian tribes, USDA, and OSM on the administration
of reclamation activities carried out under programs authorized by TitleIV of
SMCRA. While OSM provides guidelines on reclamation requirements, the
States/Indian tribes use their discretion on the caliber or quality of the work
done at each site.
Grant Allocations:
Beginning in FY 1992,
amendments to SMCRA revised the allocation of AML fees collected to provide the
following shares:
- 50% State/Tribal
- 10% Rural Abandoned Mine Program
- 20% Historical Coal Distribution (for supplemental State/Tribal
Grants for Priority 1 and 2 problems)
- 20% Federal Expenditures (e.g., SOAP, non-program States/Tribes
emergencies)
Once Congress appropriates funds, they are
distributed to OSM to eligible States and Indian tribes.
Through September 30, 2000, a total of $5.3
billion has been collected and deposited into the AML Fund of which $4.3
billion has been appropriated by Congress. Of the $4.3 billion, $3.1billion has
been distributed for grants to the States and Indian tribes, about$0.5 billion
has funded the FRP, and nearly $0.2 billion has funded RAMP. The remaining
appropriated funds were used for SOAP and program administration (including fee
collection costs).
Federal Reclamation Program:
Until States had approved
AML reclamation programs, OSM completed both high priority and emergency
reclamation projects. Work now done under the FRP is principally high priority
reclamation projects in
non-program States and Indian tribes
, and emergency problems in States and Indian tribes that do not
operate their own emergency programs. By the end of September 2000,a total of
$598 million had been obligated for AML reclamation projects under FRP. In FY
2000 the net obligations were $15.1 million. Approximately $8 million of
this total was used for emergency projects.
Emergency Projects:
Emergency projects are those
involving abandoned coal mine lands that present an immediate danger to the
public health, safety, or general welfare. Typically, emergencies include landslides
near homes and across roads, subsidence occurring under houses and public
buildings, mine and coal waste fires, and open shafts discovered near populated
areas.
Emergency projects are reclaimed by OSM or
by those States, which have an emergency program. Alaska, Alabama, Arkansas,
Illinois, Indiana, Kansas, Missouri, Montana, North Dakota, Ohio, Oklahoma,
Virginia and West Virginia have assumed responsibility for administering their
own emergency programs. Net obligations for FY 2000 totaled $6.3 million.
Rural Abandoned Mine Program:
Congressional concern over
rural landowners and residents resulted in the establishment of RAMP to be
financed through the AML Fund. The program, administered by the Natural
Resources Conservation Service (formerly the Soil Conservation Service) under
the USDA, is primarily aimed at addressing health, safety, and environmental
problems posed by surface mining operations in rural areas. More specifically,
RAMP provides for the control and prevention of erosion and sedimentation from
abandoned mines, and promotes the conservation and development of soil and
water resources on unreclaimed mined land. A total of $196 million has
been appropriated for RAMP. No funds have been appropriated since FY
1995.
Noncoal Reclamation:
Under SMCRA, priority is to
be given to reclamation of abandoned coal mines and affected lands and water.
However, States which have certified that all coal reclamation has been
completed may then use their AML moneys for noncoal reclamation. Presently, the
States and Indian tribes of Hopi tribe, Louisiana, Montana, Navajo tribe,
Texas, and Wyoming, have certified the completion of all coal reclamation
projects.
In addition, in States which have not
certified, noncoal reclamation projects can be funded on a case-by-case basis
upon the request by the Governor of the State or the head of the tribal body
indicating that reclamation of the site is necessary for the protection of the
public health, safety and general welfare from extreme danger, (i.e., that the
priority 1 problem criteria under SMCRA have been met).
Lands and water are eligible for noncoal
reclamation if they were mined or affected by mining of minerals and materials
other than coal and left in an inadequate reclamation status prior to August 3,
1977. Noncoal reclamation is carried out with money from the AML Fund and
administered by a State or Indian tribe under an approved reclamation
program. Funds shall not be used for the reclamation of sites and areas
designated for remedial action under the Uranium Mill tailings Radiation
Control Act of 1978 or that have been listed for remedial action pursuant to
the Comprehensive Environmental Response Compensation and Liability Act of 1980
(Super Fund).
AML Inventory:
The initial coal AML national
inventory was undertaken by OSM to obtain and provide information needed to
implement TitleIV of SMCRA. The most serious AML problem areas posing a
threat to health, safety and general welfare and their estimated reclamation
costs (Priority1 and Priority 2, or "high priority") were
inventoried. These are the only problem areas, which the law requires to be
inventoried. A problem area is a geographic area that contains one or more
abandoned mine problems that could logically be corrected together. Problem
area boundaries are delineated by the extent of their effect on surrounding
land and water, not just the abandoned mine sites.
Because the initial inventory of August 1983
created much controversy about the inventory's validity and its use in apportioning
AML funds, OSM decided to update the inventory in 1984. The "National
Inventory of AML Problems" database of 1984 was designed with the
participation of 35 States and 3 Indian Tribes and OSM's prime contractors (Oak
Ridge National Laboratory, the Tennessee Valley Authority, East Tennessee State
University and Lockheed Corporation) and operated on a mainframe computer.
Over time, users of the Inventory contended
that respondents were not consistent in reporting site data. To address those
concerns, OSM in 1987 provided the States and Indian tribes an "open
season" allowing them to update the inventory database and strive for
completeness and accuracy in reporting data.
Concurrently, OSM moved its national
inventory database from a mainframe computer to a personal computer, and
renamed it as the Abandoned Mine Land Inventory System (AMLIS). OSM established
procedures for States and Indian tribes to update the inventory by way of the
OSM-76 Form, and for the use of the data base to store the information collected
on the form.
Congress, in December 1988, directed OSM to
perform a comprehensive inventory review. The overall result of the inventory
review was to decrease the Inventory of Priority 1 and 2 problems from $5.9
billion to $2.9 billion. The data in AMLIS was adjusted to reflect the results
of the inventory review.
The Abandoned Mine Land Reclamation Act
(AMRA) of 1990, amended SMCRA. The amended law expands the scope of data OSM
must collect regarding AML reclamation programs and progress. In addition,
section 403(c) of SMCRA now requires the Secretary of the Interior to establish
standardized procedures in order to report on the Inventory on a regular basis,
but not less than annually, the accomplishments on problems eligible for
funding under Title IV. This requirement includes additional reclamation
programs established in the 1990 amendment such as acid mine drainage plans,
coal interim site funding, and coal insolvent surety site funding.
OSM enhanced AMLIS to store the additional
data consistent with the new AMRA requirements. The enhanced AMLIS became
operational in the spring of 1992. In January 1994, a local version of AMLIS
was distributed to the States/Indian tribes. This version of AMLIS allowed the
States/Indian tribes to view their own data. In 1995, AMLIS was enhanced to
allow the States/Indian tribes to update their data electronically. Twenty-one
program states and all three program Indian tribes are now online with AMLIS.
An enhanced version of AMLIS went on line in
December 1997. It operates in a Windows environment, is accessible
via the Internet
, and has Geographic Information System capabilities (able to
create maps show the locations of AML problems). AMLIS is currently being converted to a WEB
format to provide easier access via the Internet. AMLIS currently
contains over 16,000 records. The vast majority of the records in AMLIS pertain
to pre-SMCRA coal AML problem areas.
OSM's goal is making AMLIS a
"one stop" source of information about AML problems. The Bureau
of Land Management (BLM) stores its AML inventory in a modified version of
AMLIS running on the AMLIS server. OSM is working with the US Forest
Service (USFS) and the National Park Service to store information about AML
problems on their lands in AMLIS. It will be possible to query all four
AML inventories to answer questions such as:
- Show all AML problems within a selected watershed.
- Show all BLM AML problems within one mile of a specified USFS AML problem.
AML Program On-the-GroundAccomplishments:
Remaining :AML Problems
National Association of AML Programs:
(NAAMLP):
The NAAMLP was organized in
1982 to:
- 1) provide a forum to address current issues, discuss common problems and share
new technologies regarding the reclamation of abandoned mine lands;
- 2) foster positive and productive relationships between the States and Indian
tribes and the Federal Government.
- 3) serve as an effective, unified voice when presenting States'/tribes' common
viewpoints; and
- 4) coordinate, cooperate and communicate with other organizations dedicated to the
wise use and restoration of our natural resources.
The 32 participating States and Indian
tribes are: Alabama, Alaska, Arkansas, Arizona, Colorado, Crow Indian Tribe,
Hopi Indian Tribe, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana,
Maryland, Michigan, Missouri, Montana, Navajo Indian Tribe, Nevada, New Mexico,
North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas,
Utah, Virginia, Washington, West Virginia, and Wyoming.
The 26 States and Indian Tribes with Approved AML Programs:
Alabama, Alaska, Arkansas,
Colorado, Crow Tribe, Hopi Tribe, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Maryland, Missouri, Montana, Navajo Tribe, New Mexico, North Dakota,
Ohio, Oklahoma, Pennsylvania, Texas, Utah, Virginia, West Virginia, and
Wyoming.
The FRP States and Indian Tribes:
States
- California, Georgia, Idaho, Massachusetts, Michigan, North
Carolina, Oregon, Rhode Island, South Dakota, Tennessee, Washington
Indian Tribes:
- Blackfeet, Cheyenne River, Northern Cheyenne, Fort Berthold, Fort
Peck, Jicarilla Apache, Laguna Pueblo, Rocky Boys, San Carlos Apache,
Southern Ute, Uintah and Ouray, Ute Mountain Ute, White Mountain Apache,
Wind River.
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