Abandoned Mine Lands
Performance Agreement
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Oklahoma Abandoned Mine Lands Performance Agreement |
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I. INTRODUCTION
The primary objective of the national Abandoned Mine Land (AML) program is to mitigate the
effects of past mining by aggressively pursuing the reclamation of abandoned mines, with a
primary emphasis on correcting the most serious problems affecting public health, safety,
property, and the general welfare. The Office of Surface Mining (OSM) and the State programs
share the responsibility for achieving the goals of the program.
OSM, on behalf of the Secretary of the Interior, administers the Abandoned Mine Reclamation
Fund, provides grants to the State for program operation, monitors the progress and quality of the
program, and responds to emergency situations resulting from historic coal mining activities.
On January 19, 1981, the Secretary of the Interior approved Oklahoma's abandoned mine land
reclamation plan under Title IV of the Surface Mining Control and Reclamation Act of 1977
(SMCRA). This approval allows the State of Oklahoma, through the Oklahoma Conservation
Commission (OCC), exclusive responsibility and authority to operate the AML Program.
Oklahoma's approved State Reclamation Plan outlines the authority, policy and procedures by
which the State shall operate this Program. OCC, Division of Abandoned Mine Lands, is
responsible for implementation of this plan.
II. PURPOSE OF AGREEMENT
This agreement is developed in accordance with the OSM Directive AML-22, Evaluation of
State and Tribal Abandoned Mine Land Programs. OSM's Tulsa Field Office (TFO) is
responsible for monitoring the performance of the Oklahoma AML Reclamation Program. TFO
staff, with assistance from other OSM offices as necessary, will perform the State AML program
evaluations.
This agreement sets forth the principles of excellence which will be used to conduct
enhancement and performance reviews (EPR). EPR's are intended to assist the state in the
administration, implementation, and maintenance of its approved reclamation programs to ensure
that the provisions of SMCRA and the implementing regulations are met. This agreement
incorporates three principles of excellence that support the concept of excellence in reclamation,
along with performance measures that can be used to determine whether the programs are
meeting the principles.
III. RESPONSIBILITIES
The State and OSM agree to accomplish their shared mission by agreeing to the following
responsibilities of each party:
The State will:
1. Actively pursue implementation of the AML program while adhering to its
approved program, State and Federal laws and regulations.
2. Collaborate with OSM to resolve issues of concern. The State agrees to promptly
notify OSM of any AML problems or issues that may arise.
3. Assist OSM with data and information required to satisfy general information
requests of OSM and others. Information requests will be screened to ensure that
it is needed and in the best interest of OSM and the State to accomplish.
4. Advise OSM of technical and educational needs.
5. Comment on OSM's draft Annual Evaluation Report.
6. Utilize, where possible, innovative approaches to managerial efficiency, problem
resolution, environmental protection, and extraordinary achievements in program
implementation.
OSM will:
1. Actively participate with the State in implementation of its AML program.
2. Provide technical and educational assistance to the State, including, upon request,
expertise from the Federal government or other sources when possible.
3. Provide timely and consistent response to requests from the State concerning
grants, financial, and programmatic questions.
4. Provide assistance for complying with all Federal laws and regulations.
5. Collaborate with the State to resolve issues of concern. OSM agrees to promptly
notify the State of any issues that may arise.
6. Prepare and distribute the Annual Evaluation Report in accordance with AML-22.
7. Recognize, through annual reports and other means, innovative State approaches
to managerial efficiency, problem resolution, environmental protection, and
extraordinary achievements in program implementation.
IV. PRINCIPLES OF EXCELLENCE FOR ENHANCEMENT AND PERFORMANCE
REVIEWS
These principles support the concept of excellence in reclamation, along with performance
measures which can be used to determine the degree to which programs are meeting the
principles:
1. The State's on-the-ground reclamation is successful.
Performance measures:
A. Does completed reclamation meet the goals of the project?
B. Is reclamation successful on a long-term basis?
2. The State must have an approved reclamation plan which meets the requirements
of Federal laws and regulations and must conduct reclamation in accordance with
its plan.
Performance measures:
A. Does the current plan meet the requirements of SMCRA, the regulations
and other applicable laws? Does the State AML program work
cooperatively with OSM to establish a schedule and make necessary
changes to the plan?
B. Does the State AML program comply with OSM Directive AML-1 (AML
Inventory)?
C. Does the State AML program comply with its plan for project ranking and
selection?
D. Does the State AML program follow the realty requirements of the plan?
E. Are the State contracting procedures being followed?
F. Does the State AML program perform the AVS check as required on the
successful bidder at the time of contract award?
G. Does the State AML program comply with NEPA as required?
3. AML Topics for Review in 1998
A. State's on-the-ground reclamation is successful.
Evaluation Parameters: Do completed reclamation projects meet the
requirements of the AML program?
Procedure: This evaluation will include review of OCC project files and
site inspection. Not less than two completed projects and one in progress
will be reviewed. The review will include comparing work identified in
the approved grant with completed projects and active projects.
Schedule: A schedule for site visits and file reviews will be coordinated
with OCC in order not to interrupt the work schedule.
B. The State must have an approved reclamation plan which meets the
requirements of Federal laws and regulations and must conduct
reclamation in accordance with its plan.
Evaluation Parameters: Does the State AML program comply with NEPA
as required? Is construction completed on schedule (within the
performance period)? Are the final costs of the project, as compared to the
program's original estimates, appropriately documented and supported?
Are projects completed in an environmentally sound manner and in
compliance with all State and Federal statutory and regulatory
requirements to minimize both short- and long-term effects? Are
measures to control sedimentation, water pollution, enhance wildlife or
other natural resources values effective. Did the State obtain all necessary
permits in a timely manner, to include those pertaining to historic
preservation, wetlands preservation and restoration and storm water
discharge?
Procedure: Review OCC files to identify actions dealing with
environmental requirements for short-term and long-term effects. OCC's
coordinating activities will be compared to its approved AML plan. The
standard for the review will be Oklahoma's approved AML plan, SMCRA
and 30 CFR Part 882. The review will include not less than three
completed projects.
Schedule: File reviews will be coordinated with OCC in order not to
disrupt the work schedule.
V. AGREEMENT
This agreement covers activities beginning October 1, 1997. The agreement may be amended in
writing at any time through the mutual agreement of the parties. This agreement may be
terminated in whole or in part in writing by either party. However, no such termination shall be
effected until the parties have attempted to resolve any disagreement.
Michael C. Wolfrom Date Mason Mungle Date
Director Executive Director
Tulsa Field Office Oklahoma Conservation Commission
Office of Surface Mining