TABLE OF CONTENTS SUBCHAPTER R--ABANDONED MINE LAND RECLAMATION. . . . . . . . .408 PART 870--ABANDONED MINE RECLAMATION FUND--FEE COLLECTION AND COAL PRODUCTION REPORTING . . . . . . . . . . . . . . . .408 Sec. 870.1 Scope.. . . . . . . . . . . . . . . . . .408 Sec. 870.5 Definitions.. . . . . . . . . . . . . . .408 Sec. 870.10 Information collection.. . . . . . . . .411 Sec. 870.11 Applicability. . . . . . . . . . . . . .411 Sec. 870.12 Reclamation fee. . . . . . . . . . . . .412 Sec. 870.13 Fee computations.. . . . . . . . . . . .412 Sec. 870.14 Determination of percentage-based fees..413 Sec. 870.15 Reclamation fee payment. . . . . . . . .413 Sec. 870.16 Production records.. . . . . . . . . . .415 Sec. 870.17 Compliance authority.. . . . . . . . . .415 Sec. 870.18 Excess moisture content allowance. . . .416 PART 872--ABANDONED MINE RECLAMATION FUNDS. . . . . . . .417 Sec. 872.1 Scope.. . . . . . . . . . . . . . . . . .417 Sec. 872.10 Information collection.. . . . . . . . .417 Sec. 872.11 Abandoned mine reclamation fund. . . . .417 Sec. 872.12 State/Indian abandoned mine reclamation funds.419 PART 873--FUTURE RECLAMATION SET-ASIDE PROGRAM . . . . .421 Sec. 873.1 Scope.. . . . . . . . . . . . . . . . . .421 Sec. 873.11 Applicability. . . . . . . . . . . . . .421 Sec. 873.12 Future set-aside program criteria. . . .421 PART 874--GENERAL RECLAMATION REQUIREMENTS. . . . . . . .422 Sec. 874.1 Scope.. . . . . . . . . . . . . . . . . .422 Sec. 874.11 Applicability. . . . . . . . . . . . . .422 Sec. 874.12 Eligible coal lands and water. . . . . .422 Sec. 874.13 Reclamation objectives and priorities. .423 Sec. 874.14 Utilities and other facilities.. . . . .424 Sec. 874.15 -- Limited liability.. . . . . . . . . .424 Sec. 874.16 Contractor responsibility. . . . . . . .424 PART 875--NONCOAL RECLAMATION . . . . . . . . . . . . . .426 Sec. 875.1 Scope.. . . . . . . . . . . . . . . . . .426 Sec. 875.10 Information collection.. . . . . . . . .426 Sec. 875.12 Eligible lands and water prior to certification.426 Sec. 875.13 Certification of completion of coal sites.427 Sec. 875.14 -- Eligible lands and water subsequent to certification.. . . . . . . . . . . . . . . . .427 Sec. 875.15 Reclamation priorities for noncoal program.428 Sec. 875.16 Exclusion of certain noncoal reclamation sites.429 Sec. 875.17 Land acquisition authority-noncoal.. . .429 Sec. 875.18 Lien requirements. . . . . . . . . . . .429 Sec. 875.19 Limited liability. . . . . . . . . . . .430 Sec. 875.20 Contractor responsibility. . . . . . . .430 PART 876--ACID MINE DRAINAGE TREATMENT AND ABATEMENT PROGRAM431 Sec. 876.1 Scope.. . . . . . . . . . . . . . . . . .431 Sec. 876.10 Information collection.. . . . . . . . .431 Sec. 876.12 Eligibility. . . . . . . . . . . . . . .431 Sec. 876.13 Plan content.. . . . . . . . . . . . . .432 Sec. 876.14 Plan approval. . . . . . . . . . . . . .432 PART 877--RIGHTS OF ENTRY . . . . . . . . . . . . . . . .433 Sec. 877.1 Scope.. . . . . . . . . . . . . . . . . .433 Sec. 877.10 Information collection.. . . . . . . . .433 Sec. 877.13 Entry and consent to reclaim.. . . . . .433 Sec. 877.14 Entry for emergency reclamation. . . . .434 PART 879--ACQUISITION, MANAGEMENT, AND DISPOSITION OF LANDS AND WATER435 Sec. 879.1 Scope.. . . . . . . . . . . . . . . . . .435 Sec. 879.10 Information collection.. . . . . . . . .435 Sec. 879.11 Land eligible for acquisition. . . . . .435 Sec. 879.12 Procedures for acquisition.. . . . . . .436 Sec. 879.13 Acceptance of gifts of land. . . . . . .437 Sec. 879.14 Management of acquired land. . . . . . .437 Sec. 879.15 Disposition of reclaimed lands.. . . . .437 PART 880--MINE FIRE CONTROL . . . . . . . . . . . . . . .439 Sec. 880.1 Scope.. . . . . . . . . . . . . . . . . .439 Sec. 880.5 Definitions.. . . . . . . . . . . . . . .439 Sec. 880.11 Qualifications of projects.. . . . . . .439 Sec. 880.12 Cooperative agreements.. . . . . . . . .440 Sec. 880.13 -- Project implementation. . . . . . . .440 Sec. 880.14 -- Administration of contributions.. . .441 Sec. 880.15 Assistance by States or Indian tribes, local authorities, and private parties. . . . . . . .441 Sec. 880.16 Civil rights.. . . . . . . . . . . . . .442 PART 881--SUBSIDENCE AND STRIP MINE REHABILITATION, APPALACHIA443 Sec. 881.1 Purpose and scope.. . . . . . . . . . . .443 Sec. 881.2 Definitions.. . . . . . . . . . . . . . .443 Sec. 881.3 Qualification of projects.. . . . . . . .443 Sec. 881.4 Application of contribution.. . . . . . .444 Sec. 881.5 Cooperative agreements. . . . . . . . . .445 Sec. 881.6 Project contract. . . . . . . . . . . . .445 Sec. 881.7 Administration of contributions.. . . . .447 Sec. 881.8 Withholding of payments.. . . . . . . . .447 Sec. 881.9 Reports.. . . . . . . . . . . . . . . . .447 Sec. 881.10 Obligations of States or local authorities.448 Sec. 881.11 Nondiscrimination. . . . . . . . . . . .449 Sec. 881.12 Civil rights.. . . . . . . . . . . . . .449 PART 882--RECLAMATION ON PRIVATE LAND . . . . . . . . . .450 Sec. 882.1 Scope.. . . . . . . . . . . . . . . . . .450 Sec. 882.10 Information collection.. . . . . . . . .450 Sec. 882.12 Appraisals.. . . . . . . . . . . . . . .450 Sec. 882.13 Liens. . . . . . . . . . . . . . . . . .451 Sec. 882.14 Satisfaction of liens. . . . . . . . . .451 PART 884--STATE RECLAMATION PLANS . . . . . . . . . . . .453 Sec. 884.1 Scope.. . . . . . . . . . . . . . . . . .453 Sec. 884.11 State eligibility. . . . . . . . . . . .453 Sec. 884.13 Content of proposed State reclamation plan.453 Sec. 884.14 State reclamation plan approval. . . . .454 Sec. 884.15 State reclamation plan amendment.. . . .455 Sec. 884.16 Suspension of plan.. . . . . . . . . . .455 Sec. 884.17 Impact assistance. . . . . . . . . . . .456 PART 886--STATE AND TRIBAL RECLAMATION GRANTS . . . . . .457 Sec. 886.1 Scope.. . . . . . . . . . . . . . . . . .457 Sec. 886.3 Authority.. . . . . . . . . . . . . . . .457 Sec. 886.10 Information collection.. . . . . . . . .457 Sec. 886.11 Eligibility for grants.. . . . . . . . .458 Sec. 886.12 Coverage and amount of grants. . . . . .458 Sec. 886.13 Grant period.. . . . . . . . . . . . . .458 Sec. 886.14 Annual submission of budget information.459 Sec. 886.15 Grant application procedures.. . . . . .459 Sec. 886.16 Grant agreements.. . . . . . . . . . . .459 Sec. 886.17 Grant amendments.. . . . . . . . . . . .460 Sec. 886.18 Grant reduction, suspension, and termination.460 Sec. 886.19 Audit. . . . . . . . . . . . . . . . . .462 Sec. 886.20 Administrative procedures. . . . . . . .462 Sec. 886.21 Allowable costs. . . . . . . . . . . . .462 Sec. 886.22 Financial management.. . . . . . . . . .462 Sec. 886.23 Reports. . . . . . . . . . . . . . . . .463 Sec. 886.24 Records. . . . . . . . . . . . . . . . .463 Sec. 886.25 Special Indian lands procedures. . . . .463 PART 887--SUBSIDENCE INSURANCE PROGRAM GRANTS . . . . . .464 Sec. 887.1 Scope.. . . . . . . . . . . . . . . . . .464 Sec. 887.3 Authority.. . . . . . . . . . . . . . . .464 Sec. 887.5 Definitions.. . . . . . . . . . . . . . .464 Sec. 887.10 Information collection.. . . . . . . . .465 Sec. 887.11 Eligibility for grants.. . . . . . . . .465 Sec. 887.12 Coverage and amount of grants. . . . . .465 Sec. 887.13 Grant period.. . . . . . . . . . . . . .466 Sec. 887.15 Grant administration requirements and procedures.466 SUBCHAPTER R--ABANDONED MINE LAND RECLAMATION PART 870--ABANDONED MINE RECLAMATION FUND--FEE COLLECTION AND COAL PRODUCTION REPORTING Sec. 870.1 Scope. 870.5 Definitions. 870.10 Information collection. 870.11 Applicability. 870.12 Reclamation fee. 870.13 Fee computations. 870.14 Determination of percentage-based fees. 870.15 Reclamation fee payment. 870.16 Production records. 870.17 Compliance authority. 870.18 Excess moisture content allowance. Authority: 30 U.S.C. 1201 et seq., as amended; and Pub. L. 100-34 Sec. 870.1 Scope. FEDERAL REGISTER CITE: 47 FR 28573 (28593) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 This part sets out the procedures for the collection of fees for the Abandoned Mine Reclamation Fund. Sec. 870.5 Definitions. FEDERAL REGISTER CITE: 60 FR 9974 (9980) PUBLISHED DATE: 02/22/95 EFFECTIVE DATE: 03/24/95 As used in Parts 870-888 of this Chapter-- Abandoned Mine Reclamation Fund or Fund means a special fund established on the books of the U.S. Treasury for the purpose of accumulating revenues designated for reclamation of abandoned mine lands and other activities authorized by Title IV of the Act. Agency means the State agency designated by the Governor, or in the case of Indian tribes, the Tribal agency designated by the equivalent head of an Indian tribe, to administer the State/Indian tribe reclamation program and to receive and administer grants under this part. Allocate means the administrative identification in the records of OSM of moneys in the fund for a specific purpose, e.g., identification of moneys for exclusive use by a State. Anthracite, bituminous and subbituminous coal means all coals other than lignite coal. Calendar quarter means a 3-month period within a calendar year. The first calendar quarter begins on January 1 of the calendar year and ends on the last day of March. The second calendar quarter begins on the first day of April and ends on the last day of June. The third calendar quarter begins on the first day of July and ends on the last day of September. The fourth calendar quarter begins on the first day of October and ends on the last day of December. Eligible lands and water means land and water eligible for reclamation or drainage abatement expenditures which were mined for coal or which were affected by such mining, wastebanks, coal processing, or other coal mining processes and left or abandoned in either an unreclaimed or inadequately reclaimed condition prior to August 3, 1977, and for which there is no continuing reclamation responsibility. Provided, however, that lands and water damaged by coal mining operations after that date and on or before November 5, 1990, may also be eligible for reclamation if they meet the requirements specified in 30 CFR 874.12 (d) and (e). Following certification of the completion of all known coal problems, eligible lands and water for noncoal reclamation purposes are those sites that meet the eligibility requirements specified in 30 CFR 874.14. For additional eligibility requirements for water projects, see 30 CFR 874.14, and for lands affected by remining operations, see Section 404 of the Act. Emergency means a sudden danger or impairment that presents a high probability of substantial physical harm to the health, safety, or general welfare of people before the danger can be abated under normal program operation procedures. Excess moisture means moisture determined to be the difference between total moisture and inherent moisture. Expended means that moneys have been obligated, encumbered, or committed for reclamation by contract by the OSM, State, or Tribe for work to be accomplished or services to be rendered. Extreme danger means a condition that could reasonably be expected to cause substantial physical harm to persons, property, or the environment and to which persons or improvements on real property are currently exposed. Fee compliance officer means any person authorized by the Secretary to exercise authority in matters relating to this part. In situ coal mining means activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, bore hole mining, and fluid recovery mining. At this time, Part 870 considers only in situ gasification. Indian Abandoned Mine Reclamation Fund or Indian Fund means a separate fund established by an Indian tribe for the purpose of accounting for moneys granted by the Director under an approved Indian Reclamation Program and other moneys authorized by these regulations to be deposited in the Indian Fund. Indian reclamation program means a program established by an Indian tribe in accordance with this Chapter for reclamation of lands and water adversely affected by past mining, including the reclamation plan and annual applications for grants under the plan. Inherent moisture means moisture that exists as an integral part of the coal seam in its natural state, including water in pores, but not that present in macroscopically visible fractures. Left or abandoned in either an unreclaimed or inadequately reclaimed condition means lands and water: (a) Which were mined or which were affected by such mining, wastebanks, processing or other mining processes prior to August 3, 1977, or between August 3, 1977 and November 5, 1990, as authorized pursuant to Section 402(g)(4) of the Act, and on which all mining has ceased; (b) Which continue, in their present condition, to degrade substantially the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health and safety of the public; and (c) For which there is no continuing reclamation responsibility under State or Federal Laws, except as provided in Sections 402(g)(4) and 403(b)(2) of the Act. Lignite coal means consolidated lignite coal having less than 8,300 British thermal units per pound, moist and mineral-matter-Free. Moist, mineral-matter free British thermal units per pound are determined by Parr's formula, equation 3, on page 222 of "Standard Specification for Classification of Coals by Rank," in American Society for Testing and Materials ASTM D 388-77 (Philadelphia, 1977). Parr's formula follows: Moist, Mn-Free Btu=(Bu-50S)/[100-(1.08A+0.55S)] X 100 where: Mn=Mineral matter (Btu=British thermal units per pound (calorific value) A=percentage of ash, and S=percentage of sulfur "Moist" refers to coal containing its natural inherent or bed moisture, but not including water adhering to the surface of the coal. Mineral owner means any person or entity owning 10 percent or more of the mineral estate for a permit. If no single mineral owner meets the 10 percent rule, then the largest single mineral owner shall be considered to be the mineral owner. If there are several persons who have successively transferred the mineral rights, information shall be provided on the last owner(s) in the chain prior to the permittee, i.e. the person or persons who have granted the permittee the right to extract the coal. OSM means the Office of Surface Mining Reclamation and Enforcement. Permanent facility means any structure that is built, installed or established to serve a particular purpose or any manipulation or modification of the surface that is designed to remain after the reclamation activity is completed, such as a relocated stream channel or diversion ditch. Project means a delineated area containing one or more abandoned mine land problems. A project may be a group of related reclamation activities with a common objective within a political subdivision of a State or within a logical, geographically defined area, such as a watershed, conservation district, or county planning area. [Ed. note: The definition of Qualified hydrologic unit is suspended, 03/24/95, 60 FR 9974, in so far as it does not require a hydrologic unit to be both: (1) Eligible pursuant to Section 404 and include any of the first three priorities stated in Section 403(a), and (2) proposed to be the subject of expenditures by the State (from amounts available from the forfeiture of a bond required under Section 509 or from other State sources) to mitigate acid mine drainage in order to be considered a qualified hydrologic unit.] Qualified hydrologic unit means a hydrologic unit: (a) In which the water quality has been significantly affected by acid mine drainage from coal mining practices in a manner that adversely impacts biological resources; and (b) That contains lands and waters which are: (1) Eligible pursuant to Section 404 and include any of the first three priorities stated in Section 403(a); or (2) Proposed to be the subject of the expenditures by the State (from amounts available from the forfeiture of a bond required under Section 509 or from other State sources) to mitigate acid mine drainage. Reclaimed coal means coal recovered from a deposit that is not in its original geological location, such as refuse piles or culm banks or retaining dams and ponds that are or have been used during the mining or preparation process, and stream coal deposits. Reclaimed coal operations are considered to be surface coal mining operations for fee liability and calculation purposes. Reclamation activity means the reclamation, abatement, control, or prevention of adverse effects of past mining. Reclamation plan means a plan submitted and approved under Part 884 of this Chapter. State Abandoned Mine Reclamation Fund or State Fund means a separate fund established by a State for the purpose of accounting for moneys granted by the Director under an approved State Reclamation Program and other moneys authorized by these regulations to be deposited in the State Fund. State reclamation program means a program established by a State in accordance with this Chapter for reclamation of lands and water adversely affected by past mining, including the reclamation plan and annual applications for grants. Surface coal mining means the extraction of coal from the earth by removing the materials over the coal seam before recovering the coal and includes auger coal mining. For purposes of Subchapter R, reclaiming coal operations are considered surface coal mining. Ton means 2,000 pounds avoirdupois (0.90718 metric ton). Total moisture means the moisture determined as the loss in weight in an air atmosphere under rigidly controlled conditions of temperature, time and air flow. Underground coal mining means the extraction of coal from the earth by developing entries from the surface to the coal seam before recovering the coal by underground extraction methods, and includes in situ mining. Value means gross value at the time of initial bona fide sale, transfer of ownership, or use by the operator, but does not include the reclamation fee required by this part. Sec. 870.10 Information collection. FEDERAL REGISTER CITE: 59 FR 28136 (28168) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 The collections of information contained in part 870 and the Form OSM-1 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance numbers 1029-0090 and 1029-0063 respectively. The information will be used by the Office of Surface Mining Reclamation and Enforcement to determine whether coal mine operators are reporting accurate production figures and paying proper fees. Response is mandatory in accordance with Public Law 95-87. Public reporting burden for this collection of information is estimated to average 2 hours (1029-0090) and 16 minutes (1029-0063) per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, room 640 N.C., 1951 Constitution Avenue NW., Washington, DC 20240 and the Office of Management and Budget, Paperwork Reduction Project (1029-0063) or (1029-0090), Washington, DC 20503. Sec. 870.11 Applicability. FEDERAL REGISTER CITE: 54 FR 52092 (52123) PUBLISHED DATE: 12/20/89 EFFECTIVE DATE: 04/01/90 The regulations in this Part apply to all surface and underground coal mining operations except-- (a) The extraction of coal by a landowner for his own noncommercial use from land owned or leased by him; [Ed. note: Paragraph (b) of Sec. 870.11 is suspended insofar as it excepts from the applicability of 30 CFR Part 870: (1) Any surface coal mining operations commencing on or after June 6, 1987; and (2) any surface coal mining operations conducted on or after November 8, 1987. (52 FR (21228 (21229), 06/04/87)] (b) The extraction of coal for commercial purposes by surface coal mining operations which affects two acres or less during the life of the mine; (c) The extraction of coal as an incidental part of Federal, State, or local government-financed highway or other construction; (d) The extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3 percent of the total tonnage of coal and other minerals removed for commercial use or sale (1) In accordance with part 702 of this chapter for Federal program States and on Indian lands or (2) In any twelve consecutive months in a State with an approved State program until counterpart regulations pursuant to part 702 of this chapter have been incorporated into the State program and in accordance with such counterpart regulations, thereafter; and (e) The extraction of less than 250 tons of coal within twelve consecutive months. Sec. 870.12 Reclamation fee. FEDERAL REGISTER CITE: 59 FR 28136 (28168) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 (a) The operator shall pay a reclamation fee on each ton of coal produced for sale, transfer, or use, including the products of in situ mining. (b) The fee shall be determined by the weight and value at the time of initial bona fide sale, transfer of ownership, or use by the operator. (1) The initial bona fide sale, transfer of ownership, or use shall be determined by the first transaction or use of the coal by the operator immediately after it is severed, or removed from a reclaimed coal refuse deposit. (2) The value of the coal shall be determined F.O.B. mine. (3) The weight of each ton shall be determined by the actual gross weight of the coal. (i) Impurities that have not been removed prior to the time of initial bona fide sale, transfer of ownership, or use by the operator, excluding excess moisture for which a reduction has been taken pursuant to Sec. 870.18, shall not be deducted from the gross weight. (ii) Operators selling coal on a clean coal basis shall retain records that show run-of-mine tonnage, and the basis for the clean coal transaction. (iii) Insufficient records shall subject the operator to fees based on raw tonnage data. (iv) (c) If the operator combines surface mined coal, including reclaimed coal, with underground mined coal before the coal is weighed for fee purposes, the higher reclamation fee shall apply, unless the operator can substantiate the amount of coal produced by surface mining by acceptable engineering calculations or other reports which the Director may require. (d) The reclamation fee shall be paid after the end of each calendar quarter beginning with the calendar quarter starting October 1, 1977, and ending September 30, 2004. Sec. 870.13 Fee computations. FEDERAL REGISTER CITE: 47 FR 28573 (28595) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 (a) Surface mining fees. The fee for anthracite, bituminous, and subbituminous coal, including reclaimed coal, is 35 cents per ton unless the value of such coal is less than $3.50 per ton, in which case the fee is 10 percent of the value. (b) Underground mining fees. The fee for anthracite, bituminous, and subbituminous coal is 15 cents per ton unless the value of such coal is less than $1.50 per ton, in which case the fee is 10 percent of the value. (c) Surface and underground mining fees for lignite coal. The fee for lignite coal is 10 cents per ton unless the value of such coal is less than $5.00 per ton, in which case the fee charged is 2 percent of the value. (d) In situ coal mining fees. The fee for in situ mined coal, except lignite coal, is 15 cents per ton based on Btu's per ton in place equated to the gas produced at the site as certified through analysis by an independent laboratory. The fee for in situ mined lignite is 10 cents per ton based on the Btu's per ton of coal in place equated to the gas produced at the site as certified through analysis by an independent laboratory. Sec. 870.14 Determination of percentage-based fees. FEDERAL REGISTER CITE: 47 FR 28573 (28595) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 (a) If the operator submits a fee based on a percentage of the value of coal, the operator shall include, with his fee and production report, documentation supporting the alleged coal value. Based on this information and any additional documentation; including examination of the operator's books and records, that the Director may require, the Director may accept the valuation submitted by the operator, or may otherwise determine the value of the coal. (b) If the Director determines that a higher fee shall be paid, the operator shall submit the additional fee together with interest computed under Section 870.15(c). Sec. 870.15 Reclamation fee payment. FEDERAL REGISTER CITE: 59 FR 28136 (28168) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 (a) Each operator shall pay the reclamation fee based on calendar quarter tonnage no later than thirty days after the end of each calendar quarter. (b) Each operator shall use mine report Form OSM-1 (or any approved successor form) to report tonnage of coal sold, used or transferred, as well as the name and address of any person or entity who, in a given quarter, is the owner of 10 percent or more of the mineral estate for a given permit, and any entity or individual who, in a given quarter, purchases ten percent or more of the production from a given permit during the applicable quarter. If no single mineral owner or purchaser meets the 10 percent rule, then the largest single mineral owner and purchaser shall be reported. If several persons have successively transferred the mineral rights, information shall be provided on the last owner(s) in the chain prior to the permittee, i.e. the person or persons who have granted the permittee the right to extract the coal. At the time of reporting, a submitter may designate such information as confidential. (c) As of April 1, 1983, delinquent reclamation fee payments are subject to interest at the rate established quarterly by the U.S. Department of the Treasury for use in applying late charges on late payments to the Federal Government, pursuant to Treasury Fiscal Requirements Manual 6-8020.20. The Treasury current value of funds rate is published by the Fiscal Service in the Notices Section of the Federal Register. Interest on unpaid reclamation fees shall begin to accure on the 31st day following the end of the calendar quarter for which the fee payment is owed and will run until the date of payment. OSM will bill delinquent operators on a monthly basis and initiate whatever action is necessary to secure full payment of all fees and interest. All operators who receive a Coal Sales and Reclamation Fee Report (Form OSM-1), including those with zero sales, uses, or transfers, must submit a completed Form OSM-1, as well as any fee payment due. Fee payments postmarked later than thirty days after the calendar quarter for which the fee was owed will be subject to interest. (d)(1) An operator who owes total quarterly reclamation fees of $ 25,000 or more for one or more mines shall: (i) Use an electronic fund transfer mechanism approved by the U.S. Department of the Treasury; (ii) Forward its payments by electronic transfer; (iii) Include the applicable Master Entity No.(s) (Part 1-Block 4 on the OSM-1 form), and OSM Document No.(s) (Part 1-upper right corner of the OSM-1 form) on the wire message; and (iv) Use OSM's approved form to report coal tonnage sold, used, or for which ownership was transferred, to the address indicated in the Instructions for Completing the OSM-1 Form. (2) An operator who owes less than $ 25,000 in quarterly reclamation fees for one or more mines may: (i) Forward payments by electronic transfer in accordance with the procedures specified in paragraph (d)(1) of this section; or (ii) Submit a check or money order payable to the Office of Surface Mining Reclamation and Enforcement, in the same envelope with OSM's approved form to: Office of Surface Mining Reclamation and Enforcement, P.O. Box 360095M, Pittsburgh, Pennsylvania 15251. (3) An operator who submits a payment of more than $ 25,000 by a method other than an electronic fund transfer mechanism approved by the U.S. Department of the Treasury shall be in violation of the Surface Mining Control and Reclamation Act of 1977, as amended. (e) Failure to pay overdue reclamation fees, including interest on late payments or underpayments, failure to maintain adequate records, or failure to provide access to records of a surface coal mining operation may result in one or more of the following actions: (1) Initiation of litigation; (2) Reporting to the Internal Revenue Service; (3) Reporting to State agencies responsible for taxation; (4) Reporting to credit bureaus; or (5) Referral to collection agencies. Such remedies are not exclusive. (f) When a reclamation fee debt is greater than 91 days overdue, a 6 percent per annum penalty shall begin to accure on the amount owed for fees and will run until the date of payment. This penalty is in addition to the interest described in Paragraph (c) of this Section. (g)(1) For all delinquent fees, interest and any penalties, the debtor will be required to pay a processing and handling charge which shall be based upon the following components: (i) For debts referred to a collection agency, the amount charged to OSM by the collection agency; (ii) For debts processed and handled by OSM, a standard amount set annually by OSM based upon similar charges by collection agencies for debt collection; (iii) For debts referred to the Solicitor, Department of the Interior, but paid prior to litigation, the estimated average cost to prepare the case for litigation as of the time of payment; (iv) For debts referred to the Solicitor, Department of the Interior, and litigated, the estimated cost to prepare and litigate a debt case as of the time of payment; and (v) If not otherwise provided for, all other administrative expenses associated with collection, including, but not limited to, billing, recording payments, and follow-up actions. (2) No prejudgment interest accrues on any processing and handling charges. Sec. 870.16 Production records. FEDERAL REGISTER CITE: 49 FR 27493 (27500) PUBLISHED DATE: 07/05/84 EFFECTIVE DATE: 08/06/84 (a) Any person engaging in or conducting a surface coal mining operation shall maintain, on a current basis, records that contain at least the following information: (1) Tons of coal produced, bought, sold or transferred, amount received per ton, name of person to whom sold or transferred, and the date of each sale or transfer. (2) Tons of coal used by the operator and date of consumption. (3) Tons of coal stockpiled or inventoried which are not classified as sold for fee computation purposes under Section 870.12. (4) For in situ coal mining operations, total BTU value of gas produced, the BTU value of a ton of coal in place certified at least semiannually by an independent laboratory, and the amount received for gas sold, transferred, or used. (b) OSM fee compliance officers and other authorized representatives shall have access to records of any surface coal mining operation for the purpose of determining compliance of that or any other such operation with this part. (c) Any person engaging in or conducting a surface coal mining operation shall make available any book or record necessary to substantiate the accuracy of reclamation fee reports and payments at reasonable times for inspection and copying by OSM fee compliance officer. If the fee is paid at the maximum rate, the fee compliance officers shall not copy information relative to price. All copied information shall be protected to the extent authorized or required by the Privacy Act and the Freedom of Information Act (5 U.S.C. 552(a), (b)). (d) Any persons engaging in or conducting a surface coal mining operation shall maintain books and records for a period of 6 years from the end of the calendar quarter in which the fee was due or paid, whichever is later. (e) (1) If an operator of a surface coal mining operation fails to maintain or make available the records as required in this Section, OSM shall make an estimate of fee liability under this part through use of average production figures based upon the nature and acreage of the coal mining operation in question, then assess the fee at the amount estimated to be due, plus a 20 percent upward adjustment for possible error. (2) Following an OSM estimate of fee liability, an operator may request OSM to revise the estimate based upon information provided by the operator. The operator has the burden of demonstrating that the estimate is incorrect by providing documentation acceptable to OSM, and comparable to information required in Section 870.16(a). Sec. 870.17 Compliance authority. FEDERAL REGISTER CITE: 59 FR 28136 (28168) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 The Secretary or any duly designated officer, employee, or representative of the Secretary may conduct such audits of coal sales, transfers, and use, and the payment of AML fees as may be necessary to ensure compliance with the provisions of the Act, and for such purposes shall, at all reasonable times, upon request, have access to, and may copy, all books, papers, and other documents of any person involved in a coal transaction, including without limitation, permittees, operators, brokers, purchasers, and persons operating preparation plants and tipples, and any recipients of royalty payments for the coal. Sec. 870.18 Excess moisture content allowance. FEDERAL REGISTER CITE: 53 FR 19718 (19726) PUBLISHED DATE: 05/27/88 EFFECTIVE DATE: 05/16/88 For coal produced on or after July 1, 1988, the operator may take a calculated weight reduction to allow for the weight of excess moisture in the coal, subject to the following requirements: (a) The operator shall demonstrate through competent evidence that there is a reasonable basis for determining the existence and amount of excess moisture. Documentation shall be updated as necessary to establish the continuing validity of the excess moisture content allowance taken by the operator. (b) Inherent and total moisture shall be tested using standard laboratory analyses. (c) The operator shall test for variations in inherent moisture amounts for different seams of coal produced which are blended prior to the initial bona fide sale, transfer of ownership, or use of the coal by the operator. (d) The operator shall retain the results of all laboratory analyses and all other relevant documentation (including the operator's books and records) for not less than six years after the date of each analysis. (e) If the Office disallows all or part of the allowance, the operator shall submit the additional fee, together with interest computed under Sec. 870.15(c). PART 872--ABANDONED MINE RECLAMATION FUNDS Sec. 872.1 Scope. 872.10 Information collection. 872.11 Abandoned mine reclamation fund. 872.12 State/Indian abandoned mine reclamation funds. Authority: 30 U.S.C. 1201, et seq., as amended. Sec. 872.1 Scope. FEDERAL REGISTER CITE: 47 FR 28573 (28595) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 This part sets forth general responsibilities for administration of Abandoned Mine Land Reclamation Programs and procedures for management of the Abandoned Mine Reclamation Funds to finance such programs. Sec. 872.10 Information collection. FEDERAL REGISTER CITE: 59 FR 28136 (28169) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 The collections of information contained in part 872 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1029-0054. The information will be used by OSM to determine whether delays by States/Indian tribes in use of allocated and granted funds were due to unavoidable delays in program approval. Response is required to obtain a benefit in accordance with Public Law 95-87. Public reporting burden for this information is estimated to average one hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, room 640 N.C., 1951 Constitution Avenue NW., Washington, DC, 20240, and the Office of Management and Budget, Paperwork Reduction Project (1029-0054), Washington, DC, 20503. Sec. 872.11 Abandoned mine reclamation fund. FEDERAL REGISTER CITE: 59 FR 28136 (28169) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 (a) Revenue to the Fund shall include-- (1) Reclamation fees collected under Section 402 of the Act and Part 870 of this Chapter; (2) Amounts collected by OSM from charges for use of land acquired or reclaimed with moneys from the Fund under Part 879 of this Chapter; (3) Moneys recovered by OSM through satisfaction of liens filed against privately owned lands reclaimed with moneys from the Fund under Part 882 of this Chapter; (4) Moneys recovered by OSM from the sale of lands acquired with moneys from the Fund or by donation; and (5) Moneys donated to OSM for the purpose of abandoned mine land reclamation. (6) Interest and any other income earned from investment of the Fund. Such interest and other income shall be credited only to the Federal share. In addition, an amount equal to the interest earned after September 30, 1992, shall be available pursuant to Section 402(h) of the Act for possible future transfer to the United Mine Workers of America Combined Benefit Fund. (b) Moneys deposited in Fund and appropriated by the Congress shall be used for the following purposes: (1) An amount equal to 50 percent of the reclamation fees collected from within a State shall be allocated at the end of the fiscal year to the State in which they were collected. Reclamation fees collected from Indian lands shall not be included in the calculation of amounts to be allocated to a State. If a State advises OSM in writing that it does not intend to submit a State reclamation plan, no monies shall be allocated to the State. Amounts granted to a State that have not been expended within three years from the date of grant award shall be available to the Director for other purposes under paragraph (b)(5) of this section. Such funds may be withdrawn from the State if the Director finds in writing that the amounts involved are not necessary to carry out the approved reclamation activities. (2) An amount equal to 50 percent of the reclamation fees collected from Indian lands shall be allocated to the Indian tribe or tribes having an interest in those lands. This shall occur at the end of the fiscal year in which the fees were collected. If an Indian tribe advises OSM in writing that it does not intend to submit an Indian reclamation plan, no monies shall be allocated to that Indian tribe. Amounts granted to an Indian tribe that have not been expended within three years from the date of grant award shall be available to the Director for other purposes under paragraph (b)(5) of this section. Such funds may be withdrawn from the Indian tribe if the Director finds in writing that the amounts involved are not necessary to carry out the approved reclamation activities. (3) An amount equal to the 10 percent of the monies collected and deposited in the Fund annually, as well as 20 percent of the interest and other miscellaneous receipts to the Fund, if such amount is not necessary pursuant to Section 402(h) of the Act for transfer to the United Mine Workers of America Combined Benefit Fund, shall be allocated by the Secretary for transfer to the U.S. Department of Agriculture's Rural Abandoned Mine Program. (4) An amount equal to 40 percent of the monies deposited in the Fund annually, including interest, if not required to satisfy the provisions of Section 402(h) of the Act, shall be allocated for use by the Secretary to supplement annual grants to States and Indian tribes after making the allocations referred to in paragraphs (b)(1) and (2) of this section. States and Indian tribes eligible for supplemental grants under this provision are those that have not certified the completion of all coal-related reclamation under Section 411(a) of the Act and that have not achieved the priorities stated in paragraphs (1) and (2) of Section 403(a) of the Act. The allocation of these monies by the Secretary to eligible States and Indian tribes shall be through a formula based upon the amount of coal historically produced prior to August 3, 1977, in the State or from the Indian lands concerned. Funds to be granted to specific States or Indian tribes under this paragraph may be reduced or curtailed under the following two conditions: (i) If State or Indian tribal share funds to be granted in a year are sufficient to address all remaining eligible priority 1 or 2 coal sites in the State or on Indian lands, no additional funds under this paragraph will be provided during that year; or (ii) If the cost to reclaim all remaining priority 1 or 2 coal sites in a specific State or on a specific Indian tribe's land exceeds the amount of State or Indian tribal share funds to be granted in a year to that State or Indian tribe pursuant to Section 402(g)(1) of the Act, but is less than the total amount of funds to be granted to the State or Indian tribe in that year utilizing State or Indian tribe and Federal funds under paragraphs (b) (1), (2), (3), and (4) of this section, the Federal funds granted under this paragraph will be reduced to that amount needed to fully fund all remaining priority 1 or 2 coal sites after utilizing all available State or Indian tribe share funds. (5) Amounts available in the Fund that are not allocated pursuant to paragraphs (b) (1), (2), (3), and (4) of this section are authorized to be expended by the Secretary for any of the following: (i) The Small Operator Assistance Program under Section 507(c) of the Act (not more than $ 10,000,000 annually). (ii) Emergency projects under State, Indian tribal, and Federal programs under Section 410 of the Act. (iii) Nonemergency projects in States and on Indian tribal lands that do not have an approved abandoned mine reclamation program pursuant to Section 405 of the Act. (iv) Administration of the Abandoned Mine Land Reclamation Program by the Secretary. (v) Projects authorized under Section 402(g)(4) in States and on Indian lands that do not have an approved abandoned mine reclamation program pursuant to Section 405 of the Act. (6) If necessary to achieve the priorities stated in paragraphs 403(a) (1) and (2) of the Act, the Secretary, subject to the provision below, shall grant annually not less than $ 2,000,000 for expenditure in each State and Indian tribe having an approved abandoned mine land program, provided however, that annual State or Indian tribe share funds are utilized first, and that supplemental funds granted under this paragraph and paragraph (b)(4) of this section shall not exceed the costs of reclaiming all remaining priority 1 or 2 coal sites in a State or on Indian tribal land. (7) Funds allocated or expended annually by the Secretary under Sections 402(g) (2), (3), or (4) of the Act for any State or Indian tribe shall not be deducted from funds allocated or granted annually to a State or Indian tribe under the authority of Sections 402(g) (1), (5), or (8) of the Act. (8) The Secretary shall expend funds pursuant to the authority in Section 402(g)(3)(C) of the Act only in States or on Indian lands where the State or Indian tribe does not have an abandoned mine reclamation program approved under Section 405 of the Act. (c) Money deposited in State or Indian Abandoned Mine Reclamation Funds shall be used to carry out the reclamation plan approved under Part 884 of this Chapter and projects approved under Part 888 of this Chapter. Sec. 872.12 State/Indian abandoned mine reclamation funds. FEDERAL REGISTER CITE: 47 FR 28573 (28596) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 (a) Accounts to be known as State or Indian Abandoned Mine Reclamation Funds shall be established in each State or Indian Tribal government with approved reclamation plans. These funds will be managed in accordance with the Office of Management and Budget Circular A-102. (b) Revenue shall include-- (1) Amounts granted by the OSM for purposes of conducting the approved State reclamation plan; (2) Moneys collected from charges for uses of land acquired or reclaimed with moneys from the State Fund under Part 879 of this Chapter; (3) Moneys recovered through the satisfaction of liens filed against privately owned lands; (4) Moneys recovered by the State from the sale of lands acquired under Title IV of the Act; and (5) Such other moneys as the State decides should be deposited in the Fund for use in carrying out the approved reclamation programs. PART 873--FUTURE RECLAMATION SET-ASIDE PROGRAM Sec. 873.1 Scope. 873.11 Applicability. 873.12 Future set-aside program criteria. Authority: Pub. L. 95-87, (30 U.S.C. 1201 et seq.); and Pub. L. 101-508. Sec. 873.1 Scope. FEDERAL REGISTER CITE: 59 FR 28136 (28170) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 This part provides requirements for the award of grants to States or Indian tribes for the establishment of special trust accounts that will provide funds for coal reclamation purposes after September 30, 1995. Sec. 873.11 Applicability. FEDERAL REGISTER CITE: 59 FR 28136 (28170) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 The provisions of this part apply to the granting of funds pursuant to Section 402(g)(6) of the Act and their use by the States or Indian tribes for coal reclamation purposes after September 30, 1995. Sec. 873.12 Future set-aside program criteria. FEDERAL REGISTER CITE: 59 FR 28136 (28170) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 (a) Any State or Indian tribe may receive and retain without regard to the three-year limitation referred to in Section 402(g)(1)(D) of the Act, 30 U.S.C. 1232, up to 10 percent of the total of the grant funds made annually to such State or Indian tribe pursuant to the authority in Sections 402(g) (1) and (5) of the Act, if such amounts are deposited into either of the following: (1) A special fund established under State or Indian tribal law pursuant to which such amounts (together with all interest earned on such amounts) are expended by the State or Indian tribe solely to achieve the priorities stated in Section 403(a) of the Act, 30 U.S.C. 1233, after September 30, 1995; or (2) An acid mine drainage abatement and treatment fund pursuant to 30 CFR part 876. (b) Prior to receiving a grant pursuant to this part, a State or Indian tribe must: (1) Establish a special fund account providing for the earning of interest on fund balances; and (2) Specify that monies in the account may only be used after September 30, 1995, by the designated State or Indian tribal agency to achieve the priorities stated in Section 403(a) of the Act, 30 U.S.C. 1233. (c) After the conditions specified in paragraphs (a) and (b) of this section are met, a grant may be approved and monies deposited into the special fund account. The monies so deposited, together with any interest earned, shall be considered State or Indian tribal monies. PART 874--GENERAL RECLAMATION REQUIREMENTS Sec. 874.1 Scope. 874.11 Applicability. 874.12 Eligible coal lands and water. 874.13 Reclamation objectives and priorities. 874.14 Utilities and other facilities. 874.15 Limited liability 874.16 Contractor responsibility. Authority: 30 U.S.C. 1201 et seq., as amended Sec. 874.1 Scope. FEDERAL REGISTER CITE: 59 FR 28136 (28171) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 This part establishes land and water eligibility requirements, reclamation objectives and priorities, and reclamation contractor responsibility. Sec. 874.11 Applicability. FEDERAL REGISTER CITE: 59 FR 28136 (28171) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 The provisions of this part apply to all reclamation projects carried out with monies from the AML Fund. Sec. 874.12 Eligible coal lands and water. FEDERAL REGISTER CITE: 59 FR 28136 (28171) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 Coal lands and water are eligible for reclamation activities if-- (a) They were mined for coal or affected by coal mining processes; (b) They were mined prior to August 3, 1977, and left or abandoned in either an unreclaimed or inadequately reclaimed condition; and (c) There is no continuing responsibility for reclamation by the operator, permittee, or agent of the permittee under statutes of the State or Federal government, or as a result of bond forfeiture. Bond forfeiture will render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, additional moneys from the Fund may be sought under Part 886 or 888 of this Chapter. (d) Notwithstanding paragraphs (a), (b), and (c) of this section, coal lands and waters in a State or on Indian lands damaged and abandoned after August 3, 1977, by coal mining processes are also eligible for funding if the Secretary finds in writing that: (1) They were mined for coal or affected by coal mining processes; and (2) The mining occurred and the site was left in either an unreclaimed or inadequately reclaimed condition between August 4, 1977, and: (i) The date on which the Secretary approved a State regulatory program pursuant to Section 503 of the Act (30 U.S.C. 1253) for a State or September 28, 1994, for an Indian tribe, and that any funds for reclamation or abatement that are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or (ii) November 5, 1990, that the surety of the mining operator became insolvent during such period and that, as of November 5, 1990, funds immediately available from proceedings relating to such insolvency or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site; and (3) The site qualifies as a priority 1 or 2 site pursuant to Section 403(a)(1) and (2) of the Act. Priority will be given to those sites that are in the immediate vicinity of a residential area or that have an adverse economic impact upon a community. (e) Any State or Indian tribe may expend funds may available under paragraphs 402(g)(1) and (5) of the Act (30 U.S.C. 1232(g)(1) and (5)) for reclamation and abatement of any site eligible under paragraph (d) of this section, if the State or Indian tribe, with the concurrence of the Secretary, makes the findings required in paragraph (d) of this section and the State or Indian tribe determines that the reclamation priority of the site is the same or more urgent than the reclamation priority for the lands and water eligible pursuant to paragraphs (a), (b) or (c) of this section that qualify as a priority 1 or 2 site under Section 403(a) of the Act (30 U.S.C. 1233(a)). (f) With respect to lands eligible pursuant to paragraph (d) or (e) of this section, monies available from sources outside the Abandoned Mine Reclamation Fund or that are ultimately recovered from responsible parties shall either be used to offset the cost of the reclamation or transferred to the Abandoned Mine Reclamation Fund if not required for further reclamation activities at the permitted site. (g) If reclamation of a site covered by an interim or permanent program permit is carried out under the Abandoned Mine Land Program, the permittee of the site shall reimburse the Abandoned Mine Land Fund for the cost of reclamation that is in excess of any bond forfeited to ensure reclamation. Neither the Secretary nor a State or Indian tribe performing reclamation under paragraph (d) or (e) of this section shall be held liable for any violations of any performance standards or reclamation requirements specified in Title V of the Act nor shall a reclamation activity undertaken on such lands or waters be held to any standards set forth in Title V of the Act. (h) Surface coal mining operations on lands eligible for remining pursuant to Section 404 of the Act shall not affect the eligibility of such lands for reclamation activities after the release of the bonds or deposits posted by any such operation as provided by Sec. 800.40 of this chapter. If the bond or deposit for a surface coal mining operation on lands eligible for remining is forfeited, funds available under this title may be used if the amount of such bond or deposit is not sufficient to provide for adequate reclamation or abatement, except that if conditions warrant the Secretary shall immediately exercise his/her authority under Section 410 of the Act. Sec. 874.13 Reclamation objectives and priorities. FEDERAL REGISTER CITE: 59 FR 28136 (28171) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 (a) Reclamation projects should be accomplished in accordance with OSM's "Final Guidelines for Reclamation Programs and Projects" (45 FR 14810-14819, March 6, 1980). (b) Reclamation projects shall reflect the priorities of Section 403(a) of the Act (30 U.S.C. 1233). Generally, projects lower than a priority 2 should not be undertaken until all known higher priority coal projects either have been accomplished, are in the process of being reclaimed, or have been approved for funding by the Secretary, except in those instances where such lower priority projects may be undertaken in conjunction with a priority 1 or 2 site in accordance with OSM's "Final Guidelines for Reclamation Programs and Projects." Sec. 874.14 Utilities and other facilities. FEDERAL REGISTER CITE: 59 FR 28136 (28171) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 (a) Any state or Indian tribe that has not certified the completion of all coal-related reclamation under Section 411(a) of the Act, 30 U.S.C. 1241(a), may expend up to 30 percent of the funds granted annually to such State or Indian tribe pursuant to the authority in Sections 402(g) (1) and (5) of the Act for the purpose of protecting, repairing, replacing, constructing, or enhancing facilities relating to water supplies, including water distribution facilities and treatment plants, to replace water supplies adversely affected by coal mining practices. (b) If the adverse effect on water supplies referred to in this section occurred both prior to and after August 3, 1977, the project shall remain eligible, notwithstanding the criteria specified in 30 CFR 874.12(b), if the State or Indian tribe finds in writing, as part of its eligibility opinion, that such adverse affects are due predominately to effects of mining processes undertaken and abandoned prior to August 3, 1977. (c) If the adverse effect on water supplies referred to in this section occurred both prior to and after the dates (and under the criteria) set forth under Section 402(g)(4)(B) of the Act, the project shall remain eligible, notwithstanding the criteria specified in 30 CFR 874.12(b), if the State or Indian tribe finds in writing, as part of its eligibility opinion, that such adverse effects are due predominately to the effects of mining processes undertaken and abandoned prior to those dates. (d) Enhancement of facilities or utilities under this section shall include upgrading necessary to meet any local, State, or Federal public health or safety requirement. Enhancement shall not include, however, any service area expansion of a utility or facility not necessary to address a specific abandoned mine land problem. Sec. 874.15 -- Limited liability. FEDERAL REGISTER CITE: 59 FR 28136 (28171) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 No State or Indian tribe shall be liable under any provision of Federal law for any costs or damages as a result of action taken or omitted in the course of carrying out an approved State or Indian tribe abandoned mine reclamation plan. This section shall not preclude liability for costs or damages as a result of gross negligence or intentional misconduct by the State or Indian tribe. For purposes of this section, reckless, willful, or wanton misconduct shall constitute gross negligence or intentional misconduct. Sec. 874.16 Contractor responsibility. FEDERAL REGISTER CITE: 59 FR 28136 (28171) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 To receive AML funds, every successful bidder for an AML contract must be eligible under 30 CFR 773.15(b)(1) at the time of contract award to receive a permit or conditional permit to conduct surface coal mining operations. Bidder eligibility must be confirmed by OSM's automated Applicant/Violator System for each contract to be awarded. PART 875--NONCOAL RECLAMATION Sec. 875.1 Scope. 875.10 Information collection. 875.11 Applicability. 875.12 Eligible lands and water prior to certification. 875.13 Certification of completion of coal sites. 875.14 Eligible lands and water subsequent to certification. 875.15 Reclamation priorities for noncoal program. 875.16 Exclusion of certain noncoal reclamation sites. 875.17 Land acquisition authority-noncoal. 875.18 Lien requirements. 875.19 Limited liability. 875.20 Contractor responsibility. Authority: 30 U.S.C. 1201 et seq., as amended. Sec. 875.1 Scope. FEDERAL REGISTER CITE: 47 FR 28573 (28597) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 This part establishes land and water eligibility requirements and for noncoal reclamation. Sec. 875.10 Information collection. FEDERAL REGISTER CITE: 59 FR 28136 (28172) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 The collection of information contained in part 875 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1029-0103. The information will be used to determine if noncoal reclamation is being accomplished according to legislative mandate. Response is required to obtain a benefit in accordance with Public Law 95-87. Public reporting burden for this information is estimated to average 32 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, room 640 N.C., 1951 Constitution Avenue NW., Washington, DC 20240 and the Office of Management and Budget, Paperwork Reduction Project (1029-0103), Washington, DC 20503. Sec. 875.12 Eligible lands and water prior to certification. FEDERAL REGISTER CITE: 59 FR 28136 (28172) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 Noncoal lands and water are eligible for reclamation if: (a) They were mined or affected by mining processes; (b) They were mined and left or abandoned in either an unreclaimed or inadequately reclaimed condition prior to August 3, 1977; (c) There is no continuing responsibility for reclamation by the operator, permittee, or agent of the permittee under statutes of the State or Federal Government or by the State as a result of bond forfeiture. Bond forfeiture will render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, monies sufficient to complete the reclamation may be sought under parts 886 or 888 of this chapter; (d) The reclamation has been requested by the Governor of the State or equivalent head of the Indian tribe; and (e) The reclamation is necessary to protect the public health, safety, general welfare, and property from extreme danger of adverse effects of noncoal mining practices. Sec. 875.13 Certification of completion of coal sites. FEDERAL REGISTER CITE: 59 FR 28136 (28172) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 (a) The Governor of a State, or the equivalent head of an Indian tribe, may submit to the Secretary a certification of completion expressing the finding that the State or Indian tribe has achieved all existing known coal-related reclamation objectives for eligible lands and waters pursuant to Section 404 of the Act (30 U.S.C. 1234), or has instituted the necessary processes to reclaim any remaining coal related problems. In addition to the above finding, the certification of completion shall contain: (1) A description of both the rationale and the process utilized to arrive at the above finding for the completion of all coal-related reclamation pursuant to Section 403(a) (1) through (5). (2) A brief summary and resolution of all relevant public comments concerning coal-related impacts, problems, and reclamation projects received by the State or Indian tribe prior to preparation of the certification of completion. (3) A State or Indian tribe agreement to acknowledge and give top priority to any coal-related problem(s) that may be found or occur after submission of the certification of completion and during the life of the approved abandoned mine reclamation program. (b) After review and verification of the information contained in the certification of completion, the Director shall provide notice in the Federal Register and opportunity for public comment. After receipt and evaluation of all public comments and a determination by the Director that the certification is correct, the Director shall concur with the certification and provide final notice of such concurrence in the Federal Register. This concurrence shall be based upon the State's or Indian tribes commitment to give top priority to any coal problem which may thereafter be found or occur. (c) Following concurrence by the Director, a State or Indian tribe may implement a noncoal reclamation program pursuant to provisions in Section 411 of SMCRA. Sec. 875.14 -- Eligible lands and water subsequent to certification. FEDERAL REGISTER CITE: 59 FR 28136 (28172) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 (a) Following certification by the State or Indian tribe of the completion of all known coal projects and the Director's concurrence in such certification, eligible noncoal lands, waters, and facilities shall be those- (1) Which were mined or processed for minerals or which were affected by such mining or processing, and abandoned or left in an inadequate reclamation status prior to August 3, 1977. In determining the eligibility under this subsection of Federal lands, waters, and facilities under the jurisdiction of the Forest Service or Bureau of Land Management, in lieu of the August 3, 1977, date, the applicable date shall be August 28, 1974, and November 26, 1980, respectively; and (2) For which there is no continuing reclamation responsibility under State or other Federal laws. (b) If eligible coal problems are found or occur after certification under Sec. 875.13, a State or Indian tribe must address the coal problem utilizing State or Indian tribe share funds no later than the next grant cycle, subject to the availability of funds distributed to the State or Indian tribe in that cycle. The coal project would be subject to the coal provisions specified in Sections 401 through 410 of SMCRA. Sec. 875.15 Reclamation priorities for noncoal program. FEDERAL REGISTER CITE: 59 FR 28136 (28172) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 (a) This section applies to reclamation projects involving the restoration of lands and water adversely affected by past mineral mining; projects involving the protection, repair, replacement, construction, or enhancement of utilities (such as those relating to water supply, roads, and other such facilities serving the public adversely affected by mineral mining and processing practices); and the construction of public facilities in communities impacted by coal or other mineral mining and processing practices. (b) Following certification pursuant to Sec. 875.13, the projects and construction of public facilities identified in paragraph (a) of this section shall reflect the following priorities in the order stated: (1) The protection of public health, safety, general welfare and property from the extreme danger of adverse effects of mineral mining and processing practices; (2) The protection of public health, safety, and general welfare from the adverse effects of mineral mining and processing practices; and (3) The restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices. (c) Enhancement of facilities or utilities shall include upgrading necessary to meet local, State, or Federal public health or safety requirements. Enhancement shall not include, however, any service area expansion of a utility or facility not necessary to address a specific abandoned mine land problem. (d) Notwithstanding the requirements specified in paragraph (a) of this section, where the Governor of a State or the equivalent head of an Indian tribe, after determining that there is a need for activities or construction of specific public facilities related to the coal or minerals industry in States or on Tribal lands impacted by coal or minerals development, submits a grant application as required by paragraph (d) of this section and the Director concurs in such need, as set forth in paragraph (e) of this section, the Director may grant funds made available under section 402(g)(1) of the Act, 30 U.S.C. 1232, to carry out such activities or construction. (e) To qualify for funding pursuant to the authority in paragraph (c) of this section, a State or Indian tribe must submit a grant application that specifically sets forth: (1) The need or urgency for the activity or the construction of the public facility; (2) The expected impact the project will have on the coal or minerals industry in the State or Indian tribe; (3) The availability of funding from other sources and, if other funding is provided, its percentage of the total costs involved; (4) Documentation from other local, State, and Federal agencies with oversight for such utilities or facilities regarding what funding resources they have available and why this specific project is not being fully funded by their agency; (5) The impact on the State or Indian tribe, the public, and the minerals industry if the activity or facility is not funded; (6) The reason why this project should be selected before a priority project relating to the protection of the public health and safety or the environment from the damages caused by past mining activities; and (7) An analysis and review of the procedures used by the State or Indian tribe to notify and involve the public in this funding request and a copy of all comments received and their resolution by the State or Indian tribe. (f) After review of the information contained in the application, the Director shall prepare a Federal Register notice regarding the State's or Indian tribe's submission and provide for public comment. After receipt and evaluation of the comments and a determination that the funding meets the requirements of the regulations in this part and is in the best interests of the State or Indian tribe AML program, the Director shall approve the request for funding the activity or construction at a cost commensurate with its benefits towards achieving the purposes of the Surface Mining Control and Reclamation Act of 1977. Sec. 875.16 Exclusion of certain noncoal reclamation sites. FEDERAL REGISTER CITE: 59 FR 28136 (28172) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 Money from the Fund shall not be used for the reclamation of sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.) or that have been listed for remedial action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.). Sec. 875.17 Land acquisition authority-noncoal. FEDERAL REGISTER CITE: 59 FR 28136 (28172) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 The requirements specified in Parts 877 (Rights of Entry) and 879 (Acquisition, Management and Disposition of Lands and Water) shall apply to a State's or Indian tribe's noncoal program except that, for purposes of this section, the references to coal shall not apply. In lieu of the term coal, the word noncoal should be used. Sec. 875.18 Lien requirements. FEDERAL REGISTER CITE: 59 FR 28136 (28172) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 The lien requirements found in Part 882-Reclamation on Private Land shall apply to a State's or Indian tribe's noncoal reclamation program under Section 411 of the Act, except that for purposes of this section, references made to coal shall not apply. In lieu of the term coal, the word noncoal should be used. Sec. 875.19 Limited liability. FEDERAL REGISTER CITE: 59 FR 28136 (28172) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 No State or Indian tribe shall be liable under any provision of Federal law for any costs or damages as a result of action taken or omitted in the course of carrying out an approved State or Indian tribe abandoned mine reclamation plan. This section shall not preclude liability for costs or damages as a result of gross negligence or intentional misconduct by the State or Indian tribe. For purposes of the preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence or intentional misconduct. Sec. 875.20 Contractor responsibility. FEDERAL REGISTER CITE: 59 FR 28136 (28172) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 To receive AML funds for noncoal reclamation, every successful bidder for an AML contract must be eligible under 30 CFR 773.15(b)(1) at the time of contract award to receive a permit or conditional permit to conduct surface coal mining operations. Bidder eligibility must be confirmed by OSM's automated Applicant/Violator System for each contract to be awarded. PART 876--ACID MINE DRAINAGE TREATMENT AND ABATEMENT PROGRAM Sec. 876.1 Scope. 876.10 Information collection. 876.12 Eligibility. 876.13 Plan content. 876.14 Plan approval. Authority: 30 U.S.C. 1201 et seq., as amended. Sec. 876.1 Scope. FEDERAL REGISTER CITE: 59 FR 28136 (28174) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 This part establishes the requirements and procedures for the preparation, submission and approval of State or Indian tribe Acid Mine Drainage Treatment and Abatement Programs. Sec. 876.10 Information collection. FEDERAL REGISTER CITE: 59 FR 28136 (28174) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 The collections of information contained in part 876 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1029-0104. The information will be used to determine if the State's or Indian tribe's Acid Mine Drainage Abatement and Treatment Programs are being established according to legislative mandate. Response is required to obtain a benefit in accordance with Public Law 95-87. Public reporting burden for this information is estimated to average 1,040 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, room 640 N.C., 1951 Constitution Avenue NW., Washington, DC 20240 and the Office of Management and Budget, Paperwork Reduction Project (1029-0104), Washington, DC 20503. Sec. 876.12 Eligibility. FEDERAL REGISTER CITE: 59 FR 28136 (28174) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 (a) Any State or Indian tribe having an approved abandoned mine land program may receive and retain, without regard to the three-year limitation set forth in Section 402(g)(1)(D) of the Act, up to 10 percent of the total of the grants made under Section 402(g) (1) and (5) of the Act to such State or Indian tribe for the purpose of abandoned mine land reclamation if such amounts are deposited into either: (1) A special fund established under State or Indian tribal law pursuant to which such amounts (together with all interest earned) are expended by the State or Indian tribe solely to achieve the priorities stated in Section 403(a) after September 30, 1995; or (2) An acid mine drainage abatement and treatment fund established under State or Indian tribal law. (b) Any State or Indian tribe may establish under State or Indian tribal law an acid mine drainage abatement and treatment fund from which amounts (together with all interest earned on such amounts) are expended by the State or Indian tribe to implement, in consultation with the Soil Conservation Service, acid mine drainage abatement and treatment plans approved by the Director. Sec. 876.13 Plan content. FEDERAL REGISTER CITE: 59 FR 28136 (28174) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 Acid Mine Drainage Abatement 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. The plan shall include, but shall not be limited to, each of the following: (a) An identification of the qualified hydrologic unit; (b) The extent to which acid mine drainage is affecting the water quality and biological resources within the hydrologic unit; (c) An identification of the sources of acid mine drainage within the hydrologic unit; (d) An identification of individual projects and the measures proposed to be undertaken to abate and treat the causes or effects of acid mine drainage within the hydrologic unit; (e) The cost of undertaking the proposed abatement and treatment measures; (f) An identification of existing and proposed sources of funding for such measures; and (g) An analysis of the cost-effectiveness and environmental benefits of abatement and treatment measures. Sec. 876.14 Plan approval. FEDERAL REGISTER CITE: 59 FR 28136 (28174) PUBLISHED DATE: 05/31/94 EFFECTIVE DATE: 06/30/94 The Director may approve any plan under Sec. 876.13(b) only after determining that such plan meets the requirements of Sec. 876.13. In conducting an analysis of the items referred to in Sec. 876.13(d), (e) and (g), the Director shall obtain the comments of the Director of the U.S. Bureau of Mines. In approving plans under this section, the Director shall give priority to those plans which will be implemented in coordination with measures undertaken by the Secretary of Agriculture under the Rural Abandoned Mine Program. PART 877--RIGHTS OF ENTRY 877.1 Scope. 877.10 Information collection. 877.11 Written consent for entry. 877.13 Entry and consent to reclaim. 877.14 Entry for emergency reclamation. Authority: Secs. 201(c), 407(a) and (b), 410, and 412(a), Pub. L. 95-87, 91 Stat. 449, 462, 463, and 466 (30 U.S.C. 1211, 1237, 1240, and 1242). Sec. 877.1 Scope. FEDERAL REGISTER CITE: 47 FR 28573 (28597) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 This part establishes procedures for entry upon lands or property by OSM, States, and Indian tribes for reclamation purposes. Sec. 877.10 Information collection. FEDERAL REGISTER CITE: 47 FR 28573 (28597) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 The information-collection requirements contained in Sections 877.11 and 877.13(b) were approved by the Office of Management and Budget (OMB) under 44 U.S.C. 3507 and assigned clearance number 1029-0055. This information is being collected to meet the mandate of Section 407 of the Act, which provides that States or Indian tribes, pursuant to an approved reclamation program, may use the police power, if necessary, to effect entry upon private lands to conduct reclamation activities or exploratory studies if the landowner's consent is refused or the landowner is not available. This information will be used by the regulatory authority to ensure that the State/Indian tribe has sufficient programmatic capability to conduct reclamation activities on private lands. The obligation to respond is mandatory. Sec 877.11 Written consent for entry. FEDERAL REGISTER CITE: 47 FR 28573 (28597) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 Written consent from the owner of record and lessee, or their authorized agents, is the preferred means for obtaining agreements to enter lands in order to carry out reclamation activities. Nonconsensual entry by exercise of the police power will be undertaken only after reasonable efforts have been made to obtain written consent. Sec. 877.13 Entry and consent to reclaim. FEDERAL REGISTER CITE: 47 FR 28573 (28597) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 (a) OSM, the State, or Indian tribe or its agents, employees, or contractors may enter upon land to perform reclamation activities or conduct studies or exploratory work to determine the existence of the adverse effects of past coal mining if consent from the owner is obtained. (b) If consent is not obtained, then, prior to entry under this Section, the OSM, State, of Indian tribe shall find in writing, with supporting reasons that-- (1) Land or water resources have been or may be adversely affected by past coal mining practices; (2) The adverse effects are at a state where, in the interest of the publichealth, safety, or the general welfare, action to restore, reclaim, abate, control, or prevent should be taken; and (3) The owner of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices is not known or readily available, or the owner will not give permission for OSM, State, or Indian tribe or its agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the effects of past coal mining practices. (c) If consent is not obtained, OSM, State, or Indian tribe shall give notice of its intent to enter for purposes of conducting reclamation at least 30 days before entry upon the property. The notice shall be in writing and shall be mailed, return receipt requested, to the owner, if known, with a copy of the findings required by this Section. If the owner is not known, or if the current mailing address of the owner is not known, notice shall be posted in one or more places on the property to be entered where it is readily visible to the public and advertised once in a newspaper of general circulation in the locality in which the land is located. The notice posted on the property and advertised in the newspaper shall include a statement of where the findings required by this Section may be inspected or obtained. Sec. 877.14 Entry for emergency reclamation. FEDERAL REGISTER CITE: 47 FR 28573 (28597) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 (a) OSM, its agents, employees, or contractors shall have the right to enter upon any land where an emergency exists and on any other land to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices and to do all things necessary to protect the public health, safety, or general welfare. (b) Prior to entry under this Section, OSM shall make a written finding with supporting reasons that the situation qualifies as an emergency in accordance with the requirements set out in Section 410 of the Act. (c) Notice to the owner shall not be required prior to entry for emergency reclamation. OSM shall make reasonable efforts to notify the owner and obtain consent prior to entry, consistent with the emergency conditions that exist. Written notice shall be given to the owner as soon after entry as practical in accordance with the requirements set out in Section 877.13(c) of this Chapter. PART 879--ACQUISITION, MANAGEMENT, AND DISPOSITION OF LANDS AND WATER Sec. 879.1 Scope. 879.10 Information collection. 879.11 Land eligible for acquisition. 879.12 Procedures for acquisition. 879.13 Acceptance of gifts of land. 879.14 Management of acquired land. 879.15 Disposition of reclaimed land. Authority: Secs. 201(c), 407(c), (d), (e), (f), (g), and (h); and 412(a), Pub. L. 95-87, 91 Stat. 449, 463, 464, and 466 (30 U.S.C. 1211, 1237, and 1247). Sec. 879.1 Scope. FEDERAL REGISTER CITE: 47 FR 28573 (28598) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 This part establishes procedures for acquisition of eligible land and water resources for emergency abatement activities and reclamation purposes by OSM or a State or Indian tribe under an approved reclamation program. It also provides for the management and disposition of lands acquired by the OSM, State,or Indian tribe and establishes requirements for the redeposit of proceeds from the use or sale of land. Sec. 879.10 Information collection. FEDERAL REGISTER CITE: 47 FR 28573 (28598) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 The information-collection requirements contained in Sections 879.11(b)(1), (b)(2), and (e)(3), 879.12(a), 879.13(b), and 879.15(a) and (b) were approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0056. This information is being collected to meet the mandate of Section 407 of the Act, which requires that a State/Indian tribe include in its reclamation plan assurances that the acquisition, management, and disposition of eligible lands and water for reclamation and other designated purposes will be accomplished in a manner prescribed by the Act. This information will be used by the regulatory authority to ensure that the State/Indian tribe has sufficient programmatic capability to acquire, manage, and dispose of land in the prescribed manner. The obligation to respond is mandatory. Sec. 879.11 Land eligible for acquisition. FEDERAL REGISTER CITE: 47 FR 28573 (28598) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 (a) Land adversely affected by past coal mining practices may be acquired by the OSM with moneys from the Fund, or by a State or Indian tribe if approved in advance by OSM. OSM shall find in writing that acquisition is necessary for successful reclamation and that-- (1) The required land will serve recreation, historic, conservation, and reclamation purposes or provide open space benefits after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; and (2) Permanent facilities will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. (b)(1) Coal refuse disposal sites and all coal refuse thereon may be acquired with moneys from the Fund by OSM or by a State or Indian tribe if approved in advance by OSM. Prior to the approval of the acquisition of such sites, the OSM, State, or Indian tribe shall find in writing that the acquisition of such land is necessary for successful reclamation and will serve the purposes of the Abandoned Mine Land Reclamation Program. (2) Where an emergency situation exists and a written finding as set out in Section 877.14 of this Chapter has been made, OSM may use Fund moneys to acquire lands where public ownership is necessary to meet an emergency situation and prevent recurrence of the adverse effects of past coal mining practices. (c) Land adversely affected by past coal mining practices may be acquired by OSM if the acquisition with moneys from the Fund is an integral and necessary element of an economically feasible plan or project to construct or rehabilitate housing which meets the specific requirements set out in Section 407(h) of the Act. (d) Land or interests in land needed to fill voids, seal abandoned tunnels, shafts, and entryways or reclaim surface impacts of underground or surface mines may be acquired by the OSM, State, or Indian tribe if OSM finds that acquisition is necessary under Part 875 of this Chapter. (e) The OSM, State, or Indian tribe which acquires land under this part shall acquire only such interests in the land as are necessary for the reclamation work planned or the post reclamation use of the land. Interests in improvements on the land, mineral rights, or associated water rights may be acquired if-- (1) The customary practices and laws of the State in which the land is located will not allow severance of such interests from the surface estate; or (2) Such interests are necessary for the reclamation work planned or for the postreclamation use of the land; and (3) Adequate written assurances cannot be obtained from the owner of the severed interest that future use will not be in conflict with the reclamation to be accomplished. Sec. 879.12 Procedures for acquisition. FEDERAL REGISTER CITE: 47 FR 28573 (28598) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 (a) An appraisal of all land or interest in land to be acquired shall be obtained by the OSM, State, or Indian tribe. The appraisal shall state the fair market value of the land as adversely affected by past mining. (b) When practical, acquisition shall be by purchase from a willing seller. The amount paid for land or interests in land acquired shall reflect the fair market value of the land or interests in land as adversely affected by past mining. (c) When necessary, land or interests in land may be acquired by condemnation. Condemnation procedures shall not be started until all reasonable efforts have been made to purchase the land or interests in lands from a willing seller. (d) The OSM, State, or Indian tribe which acquires land under this part shall comply, at a minimum, with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq., and 41 CFR Part 114-50. Sec. 879.13 Acceptance of gifts of land. FEDERAL REGISTER CITE: 47 FR 28573 (28598) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 (a) The OSM, State, or Indian tribe under an approved reclamation plan may accept donations of title to land or interests in land if the land proposed for donation meets the requirements set out in Section 879.11. (b) Offers to make a gift of land or interest in land to the U.S. Government shall be in writing and comply with U.S. Department of the Interior regulations for land donations. The States and Indian tribes may use procedures provided by applicable State or Indian tribal law. Sec. 879.14 Management of acquired land. FEDERAL REGISTER CITE: 47 FR 28573 (28598) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 Land acquired under this part may be used for any lawful purpose that is consistent with the necessary reclamation activities. Procedures for collection of user charges or the waiver of such charges by the OSM, State, or Indian tribe shall provide that all user fees collected shall be deposited in the appropriate Abandoned Mine Reclamation Fund. Sec. 879.15 Disposition of reclaimed lands. FEDERAL REGISTER CITE: 47 FR 28573 (28598) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 (a) Prior to the disposition of any land acquired under this part, OSM, State, or Indian tribe shall publish a notice of proposed land disposition, hold public hearings, if required, and make written findings in accordance with the authority contained in Section 407(g)(2) of the Act. (b) OSM may transfer administrative responsibility for land acquired by OSM to any Federal Department or Agency, with or without cost to that Department or Agency. OSM may transfer title for land acquired by OSM to any State or Indian tribe or to any agency or political subdivision of a State or Indian tribe, withor without cost to that entity, for the purposes set out in Paragraphs (e) or (f) of this Section. The agreement under which a transfer is made shall specify-- (1) The purposes for which the land may be used, which shall be consistent with the authorization under which the land was acquired; and (2) That the title of administrative responsibility for the land shall revert to OSM, State, or Indian tribe if, at any time in the future, OSM finds that the land is not used for the purposes specified. (c) OSM may accept title for abandoned and unreclaimed land to be reclaimed and administered by OSM. If a State or Indian tribe transfers land to OSM under this Section, that State or Indian tribe shall have a preference right to purchase such land from OSM after reclamation is completed. The price to be paid by the State or Indian tribe shall be the fair market value of the land in its reclaimed condition less any portion of the land acquisition price paid by the State or Indian Tribe. (d) OSM may sell land acquired and reclaimed under this part, except that acquired for housing under Section 879.11(c), to the State or local government at less than fair market value but in no case less than purchase price plus reclamation cost provided such land is used for a valid public purpose. (c) OSM may transfer or sell land acquired for housing under Section 879.11(c), with or without monetary consideration, to any State or political subdivision of a State, to an Indian tribe, or to any firm, association, or corporation. The conditions of transfer or sale shall be in accordance with Section 407(h) of the Act. (f) OSM may transfer title for land acquired for housing under Section 879.11(c) by grants or commitments for grants, or may advance money under such terms and conditions as required, to-- (1) Any State or Indian tribe: or (2) A department, agency, or instrumentality of a State; or (3) Any public body or nonprofit organization designated by a State. (g)(1) OSM may sell or authorize the States or Indian tribes to sell land acquired under this part by public sale if-- (i) Such land is suitable for industrial, commercial, residential, or recreational development; (ii) Such development is consistent with local, State, of Federal land use plans for the area in which the land is located; and (iii) Retention by OSM, State, or Indian tribe, or disposal under other Paragraphs of this Section is not in the public interest. (2) Disposal procedures will be in accordance with Section 407(g) of the Act and applicable State or Indian tribal requirements. (3) States may transfer title or administrative responsibility for land to cities, municipalities, or quasi-governmental bodies, provided that the State provide for the reverter of the title or administrative responsibility if the land is no longer used for the purposes originally proposed. (h) All moneys received from disposal of land under this part shall be deposited in the appropriate Abandoned Mine Reclamation Fund in accordance with Section Part 872 of this Chapter. PART 880--MINE FIRE CONTROL Sec. 880.1 Scope. 880.5 Definitions. 880.11 Qualifications of projects. 880.12 Cooperative agreements. 880.13 Project implementation. 880.14 Administration of contributions. 880.15 Assistance by States or Indian tribes, local authorities, and private parties. 880.16 Civil rights. Authority: 30 U.S.C. 551-558, 40 U.S.C. App. 205, and Pub. L. 102-486. Sec. 880.1 Scope. FEDERAL REGISTER CITE: 59 FR 52374 (52377) PUBLISHED DATE: 10/17/94 EFFECTIVE DATE: 11/16/94 Projects for the control or extinguishment of outcrop or underground fires in coal formations under the authority of the Act of August 31, 1954 (30 U.S.C. 551-558); section 205(a)(2) of the Appalachian Regional Development Act of 1965 (Pub. L. 89-4, 79 Stat. 5), and the Energy Policy Act of 1992 (Pub. L. 102-486). Sec. 880.5 Definitions. FEDERAL REGISTER CITE: 59 FR 52374 (52377) PUBLISHED DATE: 10/17/94 EFFECTIVE DATE: 11/16/94 As used in the regulations in this part and in cooperative agreements, entered into pursuant to the regulations in this part: (a) Government means the United States of America; (b) Commission means the Appalachian Regional Development Commission established by Section 101 of the Appalachian Regional Development Act of 1965; (c) Local authorities means the State or local governmental bodies organized and existing under the authority of State laws, including, but not limited to, a county, city, township, town, or borough; (d) Approved abandoned mine reclamation program means a program meeting the requirements defined in Section 405 of PL 95-87, as amended; (e) Operating coal mine means a coal mine for which the regulatory authority has not terminated its jurisdiction as set out under 30 CFR 700.11(d)(1); (f) Inactive coal mine means a coal mine for which the regulatory authority has terminated its jurisdiction as set out under 30 CFR 700.11(d)(1); (g) Project means a project whose purpose is to control or extinguish fires in coal formations. Sec. 880.11 Qualifications of projects. FEDERAL REGISTER CITE: 59 FR 52374 (52377) PUBLISHED DATE: 10/17/94 EFFECTIVE DATE: 11/16/94 The purpose of all projects is to prevent injury and loss of life, protect public health, conserve natural resources, or protect public and private property. Federal funds cannot be used to fund projects in privately owned operating coal mines. Further, any such cooperative agreement that is entered into under the Energy Policy Act of 1992 with an AML State eligible to receive funds from the Appalachian Regional Development Commission is not subject to review by that Commission. Sec. 880.12 Cooperative agreements. FEDERAL REGISTER CITE: 59 FR 52374 (52377) PUBLISHED DATE: 10/17/94 EFFECTIVE DATE: 11/16/94 (a) OSM shall, upon application by a State or Indian tribe with an approved abandoned mine reclamation program, enter into a cooperative agreement with the State or Indian tribe to control or extinguish fires in coal formations. (b) OSM may conduct coal formation fire control projects in States not having an approved abandoned mine reclamation program or on Indian lands if the tribe does not have an approved abandoned mine reclamation program. However, upon application by such a State or Indian tribe, OSM may enter into a cooperative agreement with the State or Indian tribe and the local authorities to control or extinguish fires in coal formations. OSM shall require in connection with any project for the control or extinguishment of fires in any inactive coal mine on lands not owned or controlled by the United States or any of its agencies, except where such project is necessary for the protection of lands or other property owned or controlled by the United States or any of its agencies in such a State that: (1) the State or the person owning or controlling such lands contribute on a matching basis 50 percent of the cost of planning and executing such project, or (2) if such State or person furnishes evidence satisfactory to the Secretary of an inability to make the immediately matching contribution herein provided for, that such State or person pay the Government, within such time as the Secretary shall determine, an amount equal to 50 percent of the cost of planning and executing such project. If the project is funded by the Appalachian Regional Commission, the Federal share shall not exceed 75 percent of the cost of the project. (c) OSM is authorized to conduct fire control projects on lands owned or controlled by the United States. However, upon application by another Federal agency having jurisdiction for lands owned or controlled by the United States, or a State or Indian tribe having an approved abandoned mine reclamation program and agreements with Federal agencies to conduct such projects on Federal lands within its boundaries, OSM may enter into an agreement with either the other Federal agency or State or Indian tribe to control or extinguish fires in coal formations. There are no cost sharing requirements for this type of project. Sec. 880.13 -- Project implementation. FEDERAL REGISTER CITE: 59 FR 52374 (52377) PUBLISHED DATE: 10/17/94 EFFECTIVE DATE: 11/16/94 (a) Under cooperative agreements with States or Indian tribes having an approved AML reclamation plan: (1) States or Indian tribes will design, plan, and engineer a method of operation for control or extinguishment of the outcrop or underground mine fire, and will execute the project through a project contract, or, if the work is to be done in phases, a series of project contracts. (2) If OSM assistance is required, OSM will be reimbursed by the State or Indian tribe for all costs incurred, including OSM employees' time. (b) In States and on Indian lands under the jurisdiction of tribes not having approved AML reclamation plans and on Federal lands, OSM has the authority to design, plan, and engineer a method of operation for control or extinguishment of the outcrop or underground mine fire, and will execute the project through a project contract, or, if the work is to be done in phases, a series of project contracts. OSM, may, at its discretion, delegate authority to perform this work to States or Indian tribes or other Federal agencies. Sec. 880.14 -- Administration of contributions. FEDERAL REGISTER CITE: 59 FR 52374 (52377) PUBLISHED DATE: 10/17/94 EFFECTIVE DATE: 11/16/94 Financial contributions made by a State or Indian tribe, local authorities, or another Federal agency will be deposited in a trust fund in the Treasury of the United States. These contributions can be withdrawn by OSM and expended by the organization executing the project (OSM, a State, Indian tribe, or another Federal agency) pursuant to the cooperative agreement as necessary in performance of the project work. Withdrawals and expenditures from the trust fund will be made only for costs connected with the project. Any part of the money contributed by a State, Indian tribe, local authority, or another Federal agency for an individual project that remains unexpended upon the completion or termination of project will be returned to the State, Indian tribe, local authority, or other Federal agency. Sec. 880.15 Assistance by States or Indian tribes, local authorities, and private parties. FEDERAL REGISTER CITE: 59 FR 52374 (52377) PUBLISHED DATE: 10/17/94 EFFECTIVE DATE: 11/16/94 States Indian tribes, local authorities, or private parties, as may be appropriate in each particular project, and without cost or charge to project costs may: (a) Provide assistance in planning and engineering the project, as requested by the organization executing the project; (b) Furnish best available information, data, and maps on the location of the project and the location of water, sewer, and power lines within the project area, and maps or plats showing properties and lands on which releases, consents, or rights or interests in lands have been obtained; (c) Obtain and deliver to OSM releases, proper consent or the necessary rights or interests in lands, and other documents required by OSM for approval of the project, and in form and substance satisfactory to OSM; (d) Furnish a certification in form and substance satisfactory to OSM that the releases, consents, or the necessary rights or interests in lands, are from all the legal property owners within the project area; (e) Agree to indemnify and hold the Government harmless should any property owner within the project area make any claim for damage resulting from the work within the project area if releases, consents or rights or interests were not obtained from such property owner by the State or local authorities; (f) Grant to the Government the right to enter upon streets, roads, and other land owned or controlled by the State or the local authorities overlying or adjacent to the project fire area, and to conduct thereon the operations referred to in the cooperative agreement and project contract, and agree to hold the Government harmless from any claim for damage arising out of the project operations to property owned, possessed or controlled by the State or local authorities in the vicinity of the project area; (g) Furnish noncombustible materials suitable for implementing the planned fire control work. This material may be waste or borrow material obtained at the site or brought in from off-site. (h) Maintain and perform maintenance work on the project as may be provided in the cooperative agreement; (i) Agree not to mine or permit mining of coal or other minerals on property owned or controlled by the State or local authorities, if required by OSM, to assure the success of, or protection to, the project work and the control or extinguishment of the fire, and for such period of time as may be required by OSM; and (j) If necessary, procure the enactment of State or local laws providing for the control and extinguishment of outcrop and underground fires in coal formations on State or privately owned lands and the cooperation of the State or local authorities in the work and the requisite authority to permit the States or local authorities to meet the obligations imposed by the regulations in this part of a cooperative agreement. Sec. 880.16 Civil rights. FEDERAL REGISTER CITE: 59 FR 52374 (52377) PUBLISHED DATE: 10/17/94 EFFECTIVE DATE: 11/16/94 State and local authorities shall comply with Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and all requirements imposed by or pursuant to the regulations of the Department of the Interior entitled "Nondiscrimination in Federally-assisted Programs of the Department of the Interior-Effectuation of Title VI of the Civil Rights Act of 1964" (43 CFR Part 17) and shall give assurances of compliance in such form as may be required by the Director. PART 881--SUBSIDENCE AND STRIP MINE REHABILITATION, APPALACHIA Sec. 881.1 Purpose and scope. 881.2 Definitions. 881.3 Qualification of projects. 881.4 Application of contribution. 881.5 Cooperative agreements. 881.6 Project contract. 881.7 Administration of contributions. 881.8 Withholding of payments. 881.9 Reports. 881.10 Obligations of States or local authorities. 881.11 Nondiscrimination. 881.12 Civil rights. Authority: Sec. 205, 79 Stat. 13 (40 U.S.C. App. 205), and Pub. L. 95-87, 30 U.S.C. 1201 et seq. Sec. 881.1 Purpose and scope. FEDERAL REGISTER CITE: 48 FR 37377 (37379) PUBLISHED DATE: 08/18/83 EFFECTIVE DATE: 09/19/83 The regulations in this part provide for contributions by the Secretary with respect to projects in the Appalachian Region for the sealing and filling of voids in abandoned coal mines or for the reclamation and rehabilitation of existing strip and surface mine areas under the authority of subSection (a)(1) of Section 205 of the Appalachian Regional Development Act of 1965 (Pub. L. 89-4, 79 Stat. 5) Sec. 881.2 Definitions. FEDERAL REGISTER CITE: 48 FR 37377 (37379) PUBLISHED DATE: 08/18/83 EFFECTIVE DATE: 09/19/83 As used in the regulations in this part and in cooperative agreements entered into pursuant to the regulations in this part: (a) Government means the United States of America; (b) Commission means the Appalachian Regional Development Commission established by Section 101 of the Appalachian Regional Development Act of 1965; (c) State means any one of the States listed in Section 403 of the Appalachian Regional Development Act of 1965; and (d) Local authorities or local bodies of government means a county, city, township, town, or borough, and other local governmental bodies organized and existing under authority or State laws. Sec. 881.3 Qualification of projects. FEDERAL REGISTER CITE: 48 FR 37377 (37380) PUBLISHED DATE: 08/18/83 EFFECTIVE DATE: 09/19/83 (a) Projects for the reclamation and rehabilitation of strip-mined areas will be considered only if all of the lands embraced within the project are lands owned by the Federal Government, a State, or local bodies of government. (b) Projects must be submitted by a State to the Commission and receive the approval of that body. Sec. 881.4 Application of contribution. FEDERAL REGISTER CITE: 48 FR 37377 (37380) PUBLISHED DATE: 08/18/83 EFFECTIVE DATE: 09/19/83 (a) A State in its application for contribution to a project shall fully describe the conditions existing in the project area and give a full justification for the project in terms of the relationship of the potential benefits that will result from the project to the estimated costs of the project and in terms of the improvement, on a continuing basis, to the economic potential of the State or area which the project will bring about. If the project entails the reclamation and rehabilitation of strip- and surface-mined areas, the application shall state the uses to which the lands will be put. (b) Before submitting a project to the Secretary for approval, the Director shall obtain from the State the following: (1) Copies of inspection procedures, designs, plans and methods of engineering proposed for the construction, installation, services, or work to be performed to accomplish the objectives of the project; (2) Accurate information, data, and maps of the location of the project, the area involved, and, if the project consists of work designed to prevent or alleviate subsidence, information, data, and maps (if available) of the seams of coal to be filled or flushed; (3) The proposed advertisement for bids for each project contract, which advertisement shall include suitable references concerning the fact that the project is one to the cost of which the Government will contribute under the Appalachian Regional Development Act of 1965, and that the State's acceptance of liability arising out of any bid shall be subject to contribution by the Government under the provisions of a cooperative agreement with the Government for that purpose; (4) The proposed project contract, together with specifications and drawings pertaining to the equipment, materials, labor, and work to be performed by the project contractor; (5) Releases, proper consent or the necessary rights or interests in lands and coal formations, for gaining access to and carrying out work in or on the project, and other documents required by OSM for approval of the project, and in form and substance satisfactory to OSM; (6) Certifications or documents, as may be required by OSM, indicating public ownership or control of subsurface coal or mineral rights accompanied by appropriate resolutions from the State or local authorities to indemnify and hold the Government harmless should any property owner within the project area make any claim for damage resulting from the work within the project area if releases, consents or rights or interests were not obtained from such property owner by the State or local authorities, and not to mine or permit mining of coal or other minerals in property owned or controlled by the State or local authorities. (7) If the project is for the rehabilitation or reclamation of a strip mine area, evidence satisfactory to the Secretary that the State or local authority owns the lands upon which the project is proposed to be carried out, and that effective installation, operation, and maintenance safeguards will be enforced; (8) The estimated total cost of the proposed project and, if the work is proposed to be performed in phases, the estimated cost of each phase. (c) If the Secretary approves the project, the Director will submit to the State a cooperative agreement establishing the estimated cost of the project in the amount approved by the Secretary. Sec. 881.5 Cooperative agreements. FEDERAL REGISTER CITE: 48 FR 37377 (37380) PUBLISHED DATE: 08/18/83 EFFECTIVE DATE: 09/19/83 (a) Each project shall be covered by a cooperative agreement between the Government, as represented by the Director, and the State. The agreement shall establish the total estimated cost of the project and, if the project is to be accomplished in phases, the estimated cost of each phase. The maximum obligations of the parties to share the cost of the project shall be stated in terms of the total estimated cost of the project and, if project is to be accomplished in phases, in terms of the estimated cost of each phase. Other responsibilities of the parties shall also be described in the agreement, as may be agreed upon and as may be in conformity with these regulations, to meet the needs and requirements of a particular project. (b) The Government's obligation to contribute funds may be less than but shall not exceed 75 percent of the total estimated cost of the project. The obligation of the State (and, if appropriate, the local authorities) to contribute funds may be more but shall not be less than 25 percent of the total estimated cost of the project. (c) None of the funds contributed by the Government or by the State shall be used for operating or maintaining the project or for the purchase of culm, rock, spoil, or other filling or flushing material. (d) The Director may, without approval by the Secretary, execute amendments to a cooperative agreement which will cover-- (1) Acceptance of a bid on a proposed project contract that does not exceed by more than 20 percent the estimated cost, initially established in the cooperative agreement, of the work covered by the proposed project contract, and (2) The estimated costs of additional work under a project contract, if the estimated cost, initially established in the cooperative agreement, of the work covered by the project contract will not be increased by more than 20 percent. Sec. 881.6 Project contract. FEDERAL REGISTER CITE: 48 FR 37377 (37380) PUBLISHED DATE: 08/18/83 EFFECTIVE DATE: 09/19/83 (a) Upon approval of the project by the Secretary, execution of the cooperative agreement, and receipt of an acceptable bid, the State shall carry out and execute the project through a project contract, or, if the work is to be done in phases, a series of project contracts, entered into by the State and its contractors or suppliers for the construction, installation, services, or work to be performed. (b) Project contracts shall be entered into only with the lowest responsible bidder pursuant to suitable procedures for advertising and competitive bidding. The Government's obligation to contribute to the cost of a project, or a phase of a project, is limited to the estimated costs established in the cooperative agreement. If the bids on work to be done under a proposed project contract exceed the estimated cost of the work established in the cooperative agreement, the State should not enter into the project contract unless the cooperative agreement has been amended to provide for an increase in contributions sufficient to meet the increase in costs, or unless the State wishes to assume the excess cost of the project. (c) OSM shall be advised of the time and place of the opening of bids on a proposed project contract and may have a representative present. (d) If the State amends a project contract, or issues a change order thereunder, and the amendment or change order results in an expenditure under the project contract in excess of the estimated cost of the work established in the cooperative agreement, the Government shall be under no obligation to contribute to such excess costs unless the cooperative agreement has been amended to provide for an increase in contributions by the parties sufficient to meet such excess costs. (e) The State shall furnish the Director, in duplicate, a certified true executed copy of each project contract with related plans, specifications, and drawings annexed thereto, promptly upon its execution. (f) The State shall include in each project contract provisions to the effect that-- (1) Regardless of any agreement between the State and the Government respecting contributions by the Government to the cost of the contract under the provisions of Section 205(a)(1) of the Appalachian Regional Development Act of 1965 (Pub. L. 89-4, 79 Stat. 5), the Government shall not be considered to be a party to the contract or in any manner liable thereunder. Neither the Government nor any of its officers, agents, or employees shall be responsible for any loss, expense, damages to property, or injuries to persons, which may arise from or be incident to the use and occupation of any property affected by the operations contemplated under the project, or for damages to the property of the contractor, or for injuries to the person of the contractor, or for damages to the property, or injuries to the contractor's officers, agents, servants, or employees, or others who may be on said premises at their invitation or the invitation of any of them, and the State and the project contractor shall hold the Government and any of its officers, agents, or employees, harmless from all such claims. (2) The Secretary of the Interior or the Director of OSM or their authorized representative may enter upon and inspect the project at any reasonable time and may confer with the contractor and the State regarding the conduct of project operations. (3) All laborers and mechanics employed by the contractor or subcontractors on the project shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall have with respect to such labor standards, the authority and functions set forth in Reorganization Plan Number 14 of 1950 (15 FR 3176, 64 Stat. 1267, 5 U.S.C. 133-133z-15), and Section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)). (4) To assure the use of local labor to the maximum extent practicable in the implementation of a project: (i) Every contractor or subcontractor undertaking to do work on the project which is or reasonably may be done as onsite work, in carrying out such contract work shall give preference to qualified persons who regularly reside in the labor area as designated by the U.S. Department of Labor wherein such project is situated, or the subregion, or the Appalachian counties of the State wherein such project is situated, except: (A) To the extent that qualified persons regularly residing in the area are not available; (B) For the reasonable needs of any such contractor or subcontractor, to employ supervisory or specially experienced individuals necessary to assure an efficient execution of the contract; (C) For the obligation of any such contractor or subcontractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that in no event shall the number of nonresident persons employed under Paragraph (f)(4)(i)(C) of this Section exceed 20 percent of the total number of employees employed by such contractor and his subcontractors on such project. (ii) Every such contractor and subcontractor shall furnish the appropriate U.S. Employment Service offices with a list of all positions for which laborers, mechanics, and other employees may be required. (iii) Every such contractor and subcontractor shall furnish periodic reports to the contracting agency on the extent to which local labor has been used in carrying out the contract work. Sec. 881.7 Administration of contributions. FEDERAL REGISTER CITE: 48 FR 37377 (37381) PUBLISHED DATE: 08/18/83 EFFECTIVE DATE: 09/19/83 (a) The Government's contribution to a State will be made only pursuant to a cooperative agreement and only upon the basis of payments made, or that are then due and payable, by the State under a project contract between the State and its contractor for the construction, installation, services, or work performed on individual projects and shall not exceed 75 percent of such amounts. (b) The State shall submit to the Director, not more often than once a month and for each cooperative agreement, a separate voucher which describes each payment made or that is due and payable by the State under a project contract. The amounts claimed under each voucher shall be certified by the State as proper charges under the project contract, and the State shall also certify that the amounts have either been paid or are due and payable thereunder. Insofar as the Government's contribution payments related to amounts due and payable rather than amounts already paid, the State shall disburse such funds together with the funds contributed by the State, promptly upon receipt from the Government. (c) The State shall maintain suitable records and accounts of its transactions with and payments to project contractors, and the Government may inspect and audit such accounts and records during normal business hours and as it may deem necessary. Sec. 881.8 Withholding of payments. FEDERAL REGISTER CITE: 48 FR 37377 (37381) PUBLISHED DATE: 08/18/83 EFFECTIVE DATE: 09/19/83 Whenever the Secretary, after reasonable notice and opportunity for hearing, finds that there is a failure by the State to expend funds in accordance with the terms and conditions governing the Government's contribution for an approved project, he shall notify the State that further payments will not be made to the State from available appropriations until he is satisfied that there will no longer be any such failure. Until the Secretary is so satisfied, payment of any financial contribution to the State shall be withheld. Sec. 881.9 Reports. FEDERAL REGISTER CITE: 48 FR 37377 (37381) PUBLISHED DATE: 08/18/83 EFFECTIVE DATE: 09/19/83 At such times and in such detail as the Secretary shall require, the State shall furnish to the Secretary a statement with respect to each project showing the work done, the status of the project, expenditures, and amounts obligated, and such other information as may be required. Sec. 881.10 Obligations of States or local authorities. FEDERAL REGISTER CITE: 48 FR 37377 (37381) PUBLISHED DATE: 08/18/83 EFFECTIVE DATE: 09/19/83 (a) The State shall have full responsibility for installing, operating, and maintaining projects constructed pursuant to the regulations in this part. (b) The State shall give evidence, satisfactory to the Secretary, that it will enforce effective safeguards with respect to installation, operation, and maintenance. (c) The State shall agree that neither the Government nor any of its officers, agents, or employees shall be responsible for any loss, expense, damages to property, or injuries to persons, which may arise from or be incident to work upon, or to the use and occupation of any property affected by operations under, the project, and the State shall agree to hold the Government and its officers, agents, or employees harmless from all such claims. (d) In order to assure effective safeguards with respect to installation, operation, and maintenance, the State or local authority will be required to own (or control), the land, subsurface, or coal seams in instances such as the following: (1) If the objective of the project is to prevent or alleviate subsidence, the State or local authority shall have or acquire such subsurface and underground rights or interests in such coal seams or coal measures as may be required to assure the stability and continued existence of the project and to such an extent as will give reasonable assurance that the work will not be disturbed in the future. (2) If the objective of the project is to rehabilitate or reclaim strip-mined areas, the land shall be owned by the Federal, State, or local body of government. Such ownership shall comprise such mineral, subsurface and underground rights and interests as will assure that no further mining operations will be conducted upon or under the land in the future. (3) If the objective of the project is to seal abandoned open shafts, slopes, air holes, and other mine openings to underground workings where public safety hazards exist, or to control or prevent erosion, water pollution, or discharge of harmful mine waters, the State shall have or acquire such right, title or interest in the lands as will assure the stability and continued existence of the project work. (4) The extent of ownership or control necessary shall be determined with respect to each individual project. (e) The State or local authorities shall agree not to mine or permit the mining of coal or other minerals in the land or property owned or controlled by the State or local authorities, if required by OSM to assure the success or protection of the project work for such period of time as may be required by OSM. (f) Upon request of OSM, the State or local authority shall furnish and disclose the nature and extent of its right, title, or interest in lands within or which may be affected by, the project and submit an analysis, in writing, of the title situation, the effectiveness, extent, and strength of the title which has been acquired, and an opinion as to the protection which the documents conveying the various rights, titles, and interests in the land afford the project work and as to any defects in the title. (g) If necessary, State and local authorities shall procure the enactment of State or local laws or ordinances providing authority to participate in the work and projects conducted pursuant to the regulations in this part on lands owned by the State, the local authorities, or private persons, and the requisite authority to permit the State or local authorities to meet the obligations imposed by the regulations in this part or a cooperative agreement and to enter into project contracts of the kind and nature contemplated for the work to be performed. Sec. 881.11 Nondiscrimination. FEDERAL REGISTER CITE: 48 FR 37377 (37382) PUBLISHED DATE: 08/18/83 EFFECTIVE DATE: 09/19/83 The State shall comply with the provisions of Section 301 of Executive Order 11246 (Sept. 24, 1965; 30 FR 12319, 12935) and shall incorporate the provisions prescribed by Section 202 of Executive Order 11246 in each project contract, and shall undertake and agree to assist and cooperate with the Director and the Secretary of Labor, obtain and furnish information, carry out sanctions and penalties, and refrain from dealing with debarred contractors, all as provided in said Section 301. Sec. 881.12 Civil rights. FEDERAL REGISTER CITE: 48 FR 37377 (37382) PUBLISHED DATE: 08/18/83 EFFECTIVE DATE: 09/19/83 State or local authorities shall comply with Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and all requirements imposed by or pursuant to the regulations of the Department of the Interior entitled "Nondiscrimination in Federally-Assisted Programs of the Department of the Interior--Effectuation of Title VI of the Civil Rights Act of 1964" (43 CFR Part 17) and shall give assurances of compliance in such forms as may be required by the Director. PART 882--RECLAMATION ON PRIVATE LAND Sec. 882.1 Scope. 882.10 Information collection. 882.12 Appraisals. 882.13 Liens. 882.14 Satisfaction of liens. Authority: Secs. 201(c), 407(a) and (b), 408, 409, 410, and 412(a), Pub. L. 95-87, 91 Stat. 449, 462, 463, 464, 465, and 466 (30 U.S.C. 1211, 1237, 1238, 1239, 1240, and 1242). Sec. 882.1 Scope. FEDERAL REGISTER CITE: 47 FR 28573 (28599) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 This part authorizes reclamation on private land and establishes procedures for recovery of the cost of reclamation activities conducted on privately owned land by OSM, the State, or Indian tribe. Sec. 882.10 Information collection. FEDERAL REGISTER CITE: 47 FR 28573 (28599) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 The information-collection requirements contained in Sections 882.12(c) and 882.13(b) were approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1029-0057. This information is being collected to meet the mandate of Section 408 of the Act, which allows the State/Indian tribe to file liens on private property that has been claimed under certain conditions. This information will be used by the regulatory authority to ensure that the State/Indian tribe has sufficient programmatic capability to file liens. The obligation to respond is mandatory. Sec. 882.12 Appraisals. FEDERAL REGISTER CITE: 47 FR 28573 (28599) PUBLISHED DATE: 06/30/82 EFFECTIVE DATE: 06/30/82 (a) A notarized appraisal of private land to be reclaimed which may be subject to a lien under Section 882.13 shall be obtained from an independent appraiser. The appraisal shall state-- (1) The estimated market value of the property in its unreclaimed condition; and (2) The estimated market value of the property as reclaimed. (b) This appraisal shall be made prior to the start of reclamation activities. The agency shall furnish to the