Part 950, Wyoming
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Subchapter T Part 950, Wyoming |
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SUBCHAPTER T -- PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN
EACH STATE
PART 950 -- WYOMING
Sec.
950.1 Scope
950.10 State regulatory program approval
950.12 State program provisions and amendments disapproved
950.15 Approval of Wyoming regulatory program amendments
950.16 Required regulatory program amendments
950.20 State-Federal cooperative agreement
950.30 Approval of Wyoming abandoned mine land reclamation plan
950.35 Approval of Wyoming abandoned mine land reclamation plan amendments
950.36 Required abandoned mine land plan amendments
AUTHORITY: 30 U.S.C. 1201 et seq.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 900-955, 3/13/79 - 6/30/00".]
30 CFR Sec. 950.1 Scope.
This part contains all rules applicable only within the State of Wyoming which have been adopted under the
Surface Mining Control and Reclamation Act of 1977.
(Sec. 503, Pub. L. 95-87 (30 U.S.C. 1253))
[45 FR 78684, Nov. 26, 1980]
30 CFR Sec. 950.10 State regulatory program approval.
The Wyoming permanent program as submitted on August 15, 1979 and as revised on October 23, 1979 and May
30, 1980, is approved effective November 26, 1980. Copies of the approved program are available at:
(a) Office of Surface Mining Reclamation and Enforcement, Casper Field Office, 100 East B Street, room 2128,
Casper, Wyoming 82601-1918, Telephone: (307) 261-5776.
(b) Wyoming Department of Environmental Quality, Land Quality Division, Herschler Building, 122 West 25th
Street, Cheyenne, Wyoming 82002, Telephone: (307) 777-7756.
[56 FR 3219, Jan. 29, 1991]
30 CFR Sec. 950.12 State program provisions and amendments disapproved.
(a) The following provisions of the Rules and Regulations of the Land Quality Division of the Wyoming
Department of Environmental Quality, as submitted on May 1, 1986, are hereby disapproved:
(1) The phrases "run-of-the-mine" and "to separate the coal from its impurities" within the definition of "coal
preparation plant" at Chapter I, section 2(m);
(2) [Reserved]
(3) Deletion of the requirement at Chapter II, section 3(a)(vi)(H)(II)(3) to collect baseline surface water data on
acidity;
(4) Deletion of the locational data requirements for monitoring stations at Chapter II, section 3(a)(vi)(M);
(5) [Reserved]
(6) Replacement of the word "is" with the phrase "the vegetative cover and total ground cover are" in Chapter IV,
section 2(d)(vi);
(7) Addition of the phrase "or an alternative success standard approved by the Administrator" to Chapter IV,
section 2(d)(vi);
(8) Replacement of the word "access" with the phrase "constructed or upgraded" in the introductory paragraph of
Chapter IV, section 2(j), and the entire introductory paragraph to the extent that it excludes certain existing roads
from regulation without regard to the effect of mining use on the road;
(9) [Removed and reserved. 59 FR 14753, Mar. 30, 1994.]
(10) All revisions to Chapter IV, section 3(a)(ix) concerning cut-and-fill terraces;
(11) Addition of section 1(a)(ii)(C), section 2(c), and section 3 to Chapter IX, which would have provided a
general variance from the approximate original requirements; and
(12) All revisions to Chapter XVII, which would have introduced a new enforcement scheme.
(b) The following provision of the Rules and Regulations of the Land Quality Division of the Wyoming
Department of Environmental Quality, as submitted on December 13, 1985, is hereby disapproved: Addition of
section 1(b)(iii) to Chapter XII which would have allowed personal property other than allowed by 30 CFR 800.5
(cash accounts, negotiable bonds, certificates of deposit, and letters of credit) to be posted as collateral bond.
[51 FR 42218, Nov. 24, 1986, as amended at 52 FR 16847, May 6, 1987; 57 FR 48991, Oct. 29, 1992; 59 FR
14753, Mar. 30, 1994]
30 CFR Sec. 950.15 Approval of Wyoming regulatory program amendments.
The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision
approving all, or portions of these amendments, were published in the Federal Register and the State citations or a
brief description of each amendment. The amendments in this table are listed in order of the date of final publication
in the FEDERAL REGISTER.
________________________________________________________________________________
Original amendment Date of final Citation/description
submission date publication
March 26, 1981, Feb. 18, 1982 LQD Rules, Ch I, Sec. 2(14) defining "complete application;"
April 8, 1981 Ch II, Secs. 1.c., 2.a.(1)(f)(ii), 3.a(6)(b)(iii), (d)(ii);
Ch IV, Secs. 2.c.(2)(a), 2.d.(6), 3.p.(1)(a); sworn applicant
statement regarding reclamation fees payment.
May 26, 1982 Sept. 27, 1982 LQD Rules, Ch I, Sec. 2(99).
March 3, 8 and 21, 1983 Nov. 9, 1983 W.S. 35-11-103(e) (xxii), (xxiii) defining "complete
application," "deficiency" in permit applications,
"interim mine stabilization;" W.S. 35-11-401(n), 406(h);
LQD Rules, Ch I, Sec. 2; Ch XIII, Sec. 2;
Ch XVI, Secs. 1 through 6.
June 25, 1984 Feb. 28, 1985 LQD Rules, Ch IV, Secs. 1, 2; Ch XII, Secs. 1 through 7;
Ch XVII, Secs. 1 through 3.
Sept. 21, 1984 Dec. 3, 1985 LQD Rules, Ch I, Sec. 2; Ch XIII.
Oct. 12, 1984 Dec. 13, 1985 LQD Rules, Ch VI, Sec. 6.
June 19, 1985 Jan. 2, 1986 LQD Rules, Ch X, and accompanying Appendix A.
June 10, 1985 March 31, 1986 LQD Rules, Ch II, Sec. 3; Ch III, Sec. 2; Ch V, Secs. 1, 6, 7;
Ch VI, Secs. 2 through 5; Ch VII, Secs. 1 through 4;
Ch XI, Secs. 1 through 4, 6;
Ch XVI, Secs. 1 through 5; Ch XVIII, Secs. 1 through 5.
May 1, 1986 Nov. 24, 1986 LQD Rules, Chs I, II, III, IV, IX, XII, XIV, XXIII;
Appendix A, "Vegetation Sampling Methods and
Reclamation Success Standards for Surface Coal Mining
Operations".
Dec. 13, 1985 May 6, 1987 LQD Rules, Ch XII, "Self-Bonding Program".
March 31, 1989 July 25, 1990 LQD Rules, Ch I, Sec. 2; Ch II, Secs. 2, 3; Ch IV, Secs. 2, 3;
Ch V, Secs. 2, 6, 7; Ch VI, Secs. 3, 4; Ch VII, Secs. 1, 4;
Ch IX, Secs. 1, 2, 3; Ch XI, Secs. 1, 3;
Ch XII, Secs. 1 through 4, 6; Ch XIII, Sec. 1;
Ch XIV, Secs. 1, 2; Ch XVI, Secs. 1, 3, 4;
Ch XVII, Secs. 1, 2; Ch XVIII, Secs. 1, 3.
May 1, 1986 Jan. 29, 1991 LQD Rules, Ch IV, Secs. 3(h)(iii)(A), (B);
Ch VI, Sec. 3(c)(ii)(C)(I).
March 21, 1991 July 8, 1992 W.S. Article 1, subsection 35-11-103(e) (xxvi), (xxvii);
Article 4, subsection 35-11-402(b).
June 24, 1991 Oct. 29, 1992 W.S. 35-11-103(d)(ii)(D); LQD Rules, Ch I, Secs. 2(br), (ba),
3(b)(i); Ch II, Secs. 3(a)(vi)(E), (M), (b)(xvi)(D), (xx), (v)(C);
Ch IV, Secs. 3(d)(vii), (e)(i)(H); Ch XI, Sec. 2(b)(iv);
Ch XII, Sec. 1(a); Ch XIII, Sec. 1(a)(v)(A);
Ch XXI, Sec. 3(b)(vii), (x).
March 19, 1993 Aug. 23, 1993 W.S. 35-11-406(h), (j).
July 8, 1992 October 7, 1993 LQD Rules, Ch II, Sec. 3(b)(iv)(B); Ch IV, Sec. 3(o)(iv);
Appendix B, "Wildlife Monitoring Requirements for
Surface Coal Mining Operations".
July 24, 1992 Nov. 2, 1993 LQD Rules, Ch I, Sec. 2(e); Ch II, Sec. 3(a)(I)(D);
Ch XIV, Secs. 2(b)(i), 6(a).
Aug. 18, 1982, Jan. 24, 1994 W.S. 35-11-437(f); LQD Rules, Ch I, Sec. 2(cv) defining
March 9, 1993 "toxic materials;" Ch II, Sec. 7; Ch V pertaining to the
award of costs and expenses in administrative proceedings;
Ch VI pertaining to informal review by the Director.
Dec. 15, 1992, March 30, 1994 LQD Rules, Chs I through XX, Appendices A, B.
Aug. 6, 1993
May 1, 1986 June 30, 1994 LQD Rules, Ch IV, Sec. 2(b)(i).
April 13, 1994 Oct. 21, 1994 W.S. 35-11-437(f), (g).
Nov. 8, 1994 March 17, 1995 Appendix B, Secs. C, E.
June 2, 1995 Sept. 14, 1995 W.S. 35-11-406(j).
April 21, 1995 Feb. 21, 1996 W.S. 35-11-1206(a), (b), -1209(a), (b).
Nov. 29, 1995 Aug. 6, 1996 W.S. 35-11-103(e)(xxviii), (xxix), (xxx); 35-11-402(b), (c);
Ch I, Sec. 2(ac), (ax), (bc)(iii), (viii), (xi), (v), (w);
Ch. II, Sec. 2(a)(vi)(G)(II), (b)(iv)(C);
Ch IV, Sec. 2(d)(x)(E)(I), (II), (III), appendix A;
Ch X, Sec. 4(e); Ch XI, Sec. 5(a); Ch. XIII, Sec. 1(a).
April 18, 1996 Aug. 27, 1996 W.S. 35-11-426(a), (b); 35-11-431(a)(vi).
July 13, 1998 Oct. 1, 1999 Chapter 1, Section 2(ac); Chapter 1, Section 2(v);
Chapter 2, Section 1(e); Chapter 2, Section 2(a)(vi)(G)(II);
Chapter 2, Section 2(a)(vi)(H); Chapter 2, Section 2(a)(vi)(J);
Chapter 2, Section 2(a)(vi)(J)(II);
Chapter 2, Section 2(b)(iv)(C);
Chapter 2, Section 2(b)(vi)(C); Chapter 4, Section 2(c)(ix);
Chapter 4, Section 2(d)(x)(E)(I);
Chapter 4, Section e(d)(x)(E)(III); Chapter 8, Sections 3-4-5;
Chapter 12, Section 1(a)(iv)(B);
Chapter 12, Section 1(a)(v)(C); Chapter 12, Section 1(b)(ii);
Chapter 16, Sections 3 (c) and (f); Appendix A, Appendix IV;
Appendix A, Options I-IV; Appendix A, Section II.C.2.c;
Appendix A, Section II.C.3; Appendix A, Section VIII.E.
________________________________________________________________________________
[48 FR 51467, Nov. 9, 1983, as amended at 50 FR 8110, Feb. 28, 1985; 50 FR 49550, Dec. 3, 1985; 50 FR 50903,
Dec. 13, 1985; 51 FR 23, Jan. 2, 1986; 51 FR 10832, Mar. 31, 1986; 51 FR 42219, Nov. 24, 1986; 52 FR 16847,
May 6, 1987; 55 FR 30233, July 25, 1990; 56 FR 3219, Jan. 29, 1991; 57 FR 30131, July 8, 1992; 57 FR 48991,
Oct. 29, 1992; 58 FR 44455, Aug. 23, 1993; 58 FR 52237, Oct. 7, 1993; 58 FR 58494, Nov. 2, 1993; 59 FR 3520,
Jan. 24, 1994; 59 FR 14753, Mar. 30, 1994; 59 FR 33672, June 30, 1994; 59 FR 53097, Oct. 21, 1994; 60 FR
14370, Mar. 17, 1995; 60 FR 47699, 47700, Sept. 14, 1995; 61 FR 40735, 40746, Aug. 6, 1996; 61 FR 43966,
43969, Aug. 27, 1996; 62 FR 9932, 9958, March 5, 1997; 64 FR 53203, 53208, Oct. 1, 1999]
[EFFECTIVE DATE NOTE: 64 FR 53203, 53208, Oct. 1, 1999, added the entry for July 13, 19998 to the table,
effective Oct. 1, 1999.]
30 CFR Sec. 950.16 Required program amendments.
Pursuant to 30 CFR 732.17 Wyoming is required to submit for OSMRE's approval the following proposed
program amendments by the dates specified.
(a) By September 24, 1990, Wyoming shall submit a revision to its permanent program rules at chapter XI, section
3(b) or otherwise propose to amend its program to give persons adversely affected by the disapproval of an
exploration license the same opportunity for administrative and judicial review afforded persons adversely affected
by an approval.
(b)-(c) [Reserved]
(d) By September 24, 1990, Wyoming shall submit a revision to its permanent program rules at chapter IV,
section 3(i) or otherwise propose to amend its program to require a quarterly ground water monitoring for surface
and underground coal mining operations.
(e) By September 24, 1990, Wyoming shall submit a revision to its permanent program rules at chapter IV, section
3(u) or otherwise propose to amend its program to give the State the authority to require additional preventive,
remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is
prevented with regard to both surface and underground coal mining operations.
(f) By June 30, 1987, Wyoming shall submit rules requiring the name, address, and telephone number of the
operator if different from the applicant, or otherwise propose to amend its program in a manner no less effective than
30 CFR 778.13(b).
(g) [Reserved]
(h) By June 30, 1987, Wyoming shall submit revisions of the LQD rules at Chapter II section 3(a)(vi)(J)(II) or
otherwise propose to amend its program to provide that the groundwater quality description in a permit application
must include pH.
(i) By June 30, 1987, Wyoming shall submit revisions to the LQD rules at Chapter II section 3(b)(ix)(D) or
otherwise propose to amend its program to specify the minimum groundwater quality parameters that must be
monitored.
(j) By September 24, 1990, Wyoming shall submit a revision to its permanent program rules at chapter XIV,
section 1(a) or otherwise propose to amend its program to include a reference to chapter XIV, section1(d) in section
1(a); correct the cross reference in chapter XIV, section 3(a) to read section 1(d) rather than 1(b); and include
underground coal mining permits in its exception to alternative methods of permit revision.
(k) By June 30, 1987, Wyoming shall submit revisions to Part II.C.l.a of Appendix A of the LQD rules or
otherwise propose to amend its program to include some other mechanism to check or confirm ocular quadrat
estimates of ground cover to ensure the collection of consistent, objective data.
(l) By June 30, 1987, Wyoming shall submit revisions to Appendix A of the LQD rules or otherwise propose to
amend its program to specify the sampling techniques which operators will be allowed to use to evaluate the
parameters of ground cover, production and stocking.
(m) By June 30, 1987, Wyoming shall submit revisions to Part VIII.D of Appendix A of the LQD rules or
otherwise propose to amend its program to clarify that operators must meet cropland success standards during at
least the last two consecutive crop years of the responsibility period.
(n) By June 30, 1987, Wyoming shall submit revisions to the LQD rules at Chapter IV, section 3(a)(iv)(C) or
otherwise propose to amend its program to require that, prior to placement of spoil outside the mined-out area, (1) all
vegetative and organic material be removed from the area, (2) the topsoil on the area be removed, segregated, and
stored or redistributed, and (3) the spoil be backfilled and graded in accordance with permanent program
performance standards.
(o) [Reserved]
(p) By September 8, 1992, Wyoming shall submit a proposed revision to chapter II, section 3(b)(iv)(A) of the
Rules and Regulations of the Land Quality Division of the Department of Environmental Quality, or otherwise
propose to amend its program, to specify that, when fish and wildlife enhancement measures are not included in a
proposed permit application, the applicant must provide a statement explaining why such measures are not
practicable. In addition, this rule must be revised to clarify that fish and wildlife enhancement measures are not
limited to revegetation efforts.
(q) [Reserved]
(r) By December 28, 1992, Wyoming shall submit revisions to the LQD Rule at Chapter II, Section 3(a)(v)(A)(II),
to either reinstate the removed cited reference "disposal of non-coal wastes shall be in accordance with the standards
set out in Section 11, paragraph c., Solid Waste Management Rules and Regulations (1980)" or otherwise amend its
program to render it no less effective than the Federal regulations at 30 CFR 816.89 and 817.89.
(s) By December 28, 1992, Wyoming shall submit revisions to the LQD Rules at Chapter II, Section 3(b)(xxii)
and Chapter IV, Section 3(c)(iii)(D), to include specific performance standards for non-coal waste disposal that are
no less effective than the Federal regulations at 30 CFR 816.89 and 817.89.
(t) By December 28, 1992, Wyoming shall submit revisions to the LQD Rules at Chapter II, Section 2(b)(iii)(I);
Chapter II, Section 3(b)(xxi); Chapter IV, Section 2(c)(v); and Chapter IV, Section 3(c)(iii)(C), to provide standards
for non-coal waste disposal that are no less effective than the Federal regulation requirements at 30 CFR 816.89 and
817.89.
(u) By December 28, 1992, Wyoming shall submit revisions to the LQD Rules at Chapter II, Section 3(a)(vi)(M),
to amend its regulations regarding procedures, including notice and opportunity to be heard for persons seeking
disclosure, to ensure confidentiality of qualified information, which shall be clearly identified by the applicant and
submitted separately from the remainder of the application, to be no less effective than the Federal regulations 30
CFR 773.13(d)(3).
(v) [Reserved]
(w) By December 28, 1992, Wyoming shall submit revisions to the LQD Rules at Chapter XI, Section 2(b)(iv), to
further amend its rule to include the requirement "any other information which the regulatory authority may require
on known and unknown historic or archaeological resources", to be no less effective than the Federal regulation
requirements at 30 CFR 772.12(b)(8)(iv).
(x) [Reserved]
(y) By December 28, 1992, Wyoming shall submit revisions to the LQD Rules at Chapter XIII, Section 1(b),
concerning permit renewals, to remove the provisions at (iii) or amend it and related rules to be no less effective than
the Federal rule requirements at 30 CFR 774.15(c)(1).
(z) By December 28, 1992, Wyoming shall submit revisions to the LQD Rules at Chapter XIV, Section 1(b) to
remove the statement "[i]f promptly filed, and unless notified by the Administrator to delay, the operator may initiate
the proposed change within 72 hours of filing" in this rule.
(aa) -- (hh) [Reserved]
(ii) By May 30, 1997, Wyoming shall
(1) [Reserved]
(2) Revise the rules at chapter II, section 2(b)(iv)(C), and chapter IV, section 2(d)(x)(E)(III), to require
consultation with and approval by the Wyoming Game and Fish Department of tree and shrub standards for all lands
to be reclaimed for the "fish and wildlife habitat" land use.
(jj) By May 30, 1997, Wyoming shall revise the definition for "treated grazingland" at chapter I, section 2(bc)(xi),
otherwise revise its rules, or provide OSM with a policy statement, clarifying the shrub standard for grazingland that
is affected after the date of OSM's approval and that was treated less than 5 years prior to the submission of the
permit application.
(kk) [Reserved]
(ll) By May 30, 1997, Wyoming shall revise the rule at chapter X, section 4(e), or otherwise modify its program,
to prohibit the disturbance of important habitat by coal exploration operations.
[51 FR 10832, Mar. 31, 1986, as amended at 51 FR 42219, Nov. 24, 1986; 52 FR 16847, May 6, 1987; 55 FR
30234, July 25, 1990; 57 FR 30131, July 8, 1992; 57 FR 48991, Oct. 29, 1992; 58 FR 44455, Aug. 23, 1993; 58 FR
52237, Oct. 7, 1993; 59 FR 3526, Jan. 24, 1994; 59 FR 66197, Dec. 23, 1994; 60 FR 14370, Mar. 17, 1995; 61 FR
40735, 40746, Aug. 6, 1996; 64 FR 53203, 53208, Oct. 1, 1999]
[EFFECTIVE DATE NOTE: 64 FR 53203, 53208, Oct. 1, 1999, removed and reserved paragraphs (b), (c), (g), (v),
(x), (ii)(1), and (kk), effective Oct. 1, 1999.]
30 CFR Sec. 950.20 State-Federal Cooperative Agreement.
The Governor of the State of Wyoming (State) acting by and through the Department of Environmental Quality,
Land Quality Division (Division), and the Secretary of the Department of the Interior (Department) acting by and
through the Office of Surface Mining Reclamation and Enforcement (OSMRE), enter into a Cooperative Agreement
(Agreement) to read as follows:
Article I: Introduction and Purpose
1. This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act of 1977
(Act), 30 U.S.C. 1273(c), which allows a State with a permanent regulatory program approved under 30 U.S.C. 1253
to elect to enter an Agreement with the Secretary for the regulation and control of surface coal mining and
reclamation operations on Federal lands.
This Agreement provides for State regulation of coal exploration operations not subject to 43 CFR parts 3480
through 3487 and surface coal mining and reclamation operations in Wyoming subject to the Federal lands program
(30 CFR parts 740 through 746) consistent with the Act, the Wyoming Environmental Quality Act (W.S. 35-11-401-
437), and the Wyoming State Program (Program).
2. The purposes of this Agreement are to (a) foster Federal-State cooperation in the regulation of surface coal
mining and reclamation operations and coal exploration operations not subject to 43 CFR parts 3480 through 3487;
(b) eliminate intergovernmental overlap and duplication; and (c) provide uniform and effective application of the
Program in Wyoming, in accordance with the Act.
Article II: Effective Date
3. This Agreement shall take effect following signing by the Secretary and the Governor, and thirty days after
publication as a final rule in the Federal Register. This Agreement shall remain in effect until terminated as provided
in Article X.
Article III: Scope
4. In accordance with the Federal lands regulations in 30 CFR parts 740 through 746, the laws, regulations, terms
and conditions of the Wyoming State Program, as approved or as amended in accordance with 30 CFR part 732, are
applicable to lands in Wyoming subject to the Federal lands program except as otherwise stated in this Agreement,
the Act, 30 CFR part 745, or other applicable laws or regulations. Orders and decisions issued by the State in
accordance with the Program that are appealable shall be appealed as provided for by State law. Orders and
decisions issued by the Department that are administratively appealable shall be appealed to the Department's Office
of Hearings and Appeals.
Article IV: Requirements for the Agreement.
5. The Governor and the Secretary affirm that they will comply with all of the provisions of this Agreement and
will continue to meet all the conditions and requirements specified in this Article.
(a) Responsible Administrative Agency. The Division shall be responsible for administering this Agreement on
behalf of the Governor. OSMRE shall administer this Agreement on behalf of the Secretary, in accordance with the
regulations in 30 CFR Chapter VII.
(b) Authority o State. The State has and shall continue to have authority under State law to carry out this
Agreement.
(c) Funds. The State will devote adequate funds to the administration and enforcement on Federal lands in the
State of the requirements contained in the Program. If the State complies with the terms of this Agreement, and if
necessary funds have been appropriated, the Department shall reimburse the State as provided in section 705(c) of
the Act, the grant agreement, and 30 CFR 735.16 for costs associated with carrying out responsibilities under this
Agreement. Reimbursements shall be in the form of annual grants and grant amendments, and applications for said
grants shall be processed and awarded in a timely and prompt manner. If sufficient funds have not been appropriated
to OSMRE or the State, the parties shall promptly meet to decide on appropriate measures that will ensure that
surface coal mining and reclamation operations and exploration operations on Federal lands are regulated in
accordance with the Program. If agreement cannot be reached, then either party may terminate the Agreement.
(d) Reports and Records. The State shall make annual reports to OSMRE containing information with respect to
compliance with the terms of this Agreement pursuant to 30 CFR 745.12(d). Upon request, the State and OSMRE
shall exchange (except where prohibited by Federal law) information developed under this Agreement. OSMRE shall
provide the State with a copy of any final evaluation report prepared concerning State administration and
enforcement of this Agreement.
(e) Personnel. The State shall have the necessary personnel to fully implement this Agreement in accordance with
the provisions of the Act and the Program.
(f) Equipment and Laboratories. The State shall have access to equipment, laboratories, and facilities with which
all inspections, investigations, studies, tests and analyses can be performed and which are necessary to carry out the
requirements of this Agreement.
(g) Permit Application Fees. The amount of the fee accompanying an application for a permit shall be determined
in accordance with W.S. 35-11-406(a)(xii). All permit fees shall be retained by the State and deposited with the State
Treasurer in the General Fund. The Financial Status Report submitted pursuant to 30 CFR 735.26 shall include a
report of the amount of permit application fees collected and attributable to Federal lands during the prior Federal
fiscal year. This amount shall be disposed of in accordance with Federal regulations and OMB Circular No. A-102,
Attachment E.
Article V: Policies and Procedures: Permit Application Package Review
6. The State and OSMRE agree and hereby require that an applicant proposing to conduct surface coal mining
operations on lands subject to the Federal lands program shall submit a permit application package (PAP) in an
appropriate number of copies to the State and OSMRE. If any material is submitted to the State by an applicant for
the sole purpose of complying with the 3-year requirement of section 7(c) of the Mineral Leasing Act of 1920, 30
U.S.C. 181 et seq., the State will forward such material through OSMRE to the Bureau of Land Management (BLM).
If the material is submitted as part of the PAP, a copy of the entire package will be sent through OSMRE to BLM.
The PAP shall be in the form required by the State, and shall include any supplemental information required by
OSMRE. The PAP shall include the information required by, or necessary for, the State and the Secretary to make a
determination of compliance with:
(a) W.S. 35-11-406(a) and (b) (1980);
(b) Chapter II, Land Quality Division Rules and Regulations, Department of Environmental Quality, or other
chapters where these may supersede Chapter II;
(c) Applicable terms and conditions of the Federal coal lease; and
(d) Applicable requirements of the Program, and other Federal laws and regulations, including, but not limited to
those listed in Appendix A.
7. a. State Responsibility. The State shall assume primary responsibility for the analysis, review, and approval or
disapproval of the permit application component of the PAP for surface coal mining and reclamation operations on
lands subject to the Federal lands program.
b. OSMRE Responsibility. (1) OSMRE will, at the request of the State, assist the State in its analysis and review
of the PAP. (2) The Department shall concurrently carry out its responsibilities which cannot be delegated to the
State under the Act, the Mineral Leasing Act (MLA), as amended, the National Environmental Policy Act (NEPA),
and other applicable Federal laws (including but not limited to these in Appendix A). The Department shall carry out
those responsibilities in accordance with the Federal lands program and this Agreement in a timely manner so as to
eliminate, to the maximum extent possible, duplication of the responsibilities of the State set forth in this Agreement
and the Program. The Secretary will consider the information in the PAP and, where appropriate, make decisions
required by the Act, MLA, NEPA, and other Federal laws.
c. Responsibility for Handling Other Federal Laws. The State must consider the comments of Federal agencies in
the context of permit issuance and will document these comments in the record of permit decisions. Permits issued
by the State shall include, to the extent allowed by Wyoming law, terms and conditions required by the lease issued
pursuant to the Mineral Leasing Act and by other applicable Federal laws and regulations in accordance with 30 CFR
740.13(c)(1). When Federal agencies recommend permit conditions and these conditions are not adopted, the State
will provide OSMRE with documentation as to why they were not incorporated as permit conditions.
Upon notification from the State that certain permit conditions are not incorporated, OSMRE will determine
whether such conditions are necessary and may be attached to other Federal authorizations. If not other Federal
authorizations are required, then OSMRE may issue a supplemental SMCRA permit attaching only those conditions
which are necessary to assure compliance with other Federal laws. The State shall not be required to enforce the
conditions of the Federal permit.
d. Working Agreements. Responsibilities and decisions which can and cannot be delegated to the State under the
Act and other applicable Federal laws may be specified in working agreements between OSMRE and the State with
the concurrence of any Federal agency involved, and without amendment to this Agreement.
8. The State will be the primary point of contact for applicants regarding the review of the PAP, except on matters
concerned exclusively with the regulations in 43 CFR parts 3480-3487 administered by the BLM and on matters
unrelated to the review of the PAP. The State will be responsible for informing the applicant of any joint State-
Federal determinations. The State shall send to OSMRE copies of any correspondence with the applicant and any
information received from the applicant which may have a bearing on decisions regarding the PAP. OSMRE would
not independently initiate contacts with applicants regarding completeness or deficiencies of the PAP with respect to
matters covered by the Program; however, the Department reserves the right to act independently of the State to
carry out its responsibilities under laws other than the Act or provisions of the Act not covered by the Program, and
in instances of disagreement over the Act and the Federal lands program. OSMRE shall send to the State copies of
all independent correspondence with the applicant which may have a bearing on decisions regarding the PAP.
9. The State shall assume the responsibilities listed in 30 CFR 740.4(c)(1), (4), (5), (6), and (7). OSMRE will
retain the responsibilities listed in 30 CFR 740.4(c)(2), (3) and the exceptions in 30 CFR 740.4(c)(7)(i)-(vii). In
addition to the procedures outlined in paragraphs 9, 10, and 11, OSMRE shall assist the State in carrying out its
responsibilities by:
(a) Distributing copies of the PAP to, and coordinating the review of the PAP among all Federal agencies which
have responsibilities relating to decisions on the package. This shall be done in a manner which ensures timely
identification, communication and resolution of issues relating to those Federal agencies' statutory requirements.
OSMRE shall request that such other Federal agencies furnish their findings or any requests for additional data to
OSMRE within 45 calendar days of the date OSMRE transmits to them a copy of the PAP.
(b) Providing the State with the analyses and conclusions of other Federal agencies regarding those portions of the
PAP which affect their statutory responsibilities.
(c) Resolving conflicts and difficulties between or among other Federal agencies in a timely manner.
(d) Assisting in scheduling joint meetings as necessary between State and Federal agencies.
(e) Where OSMRE is assisting the State in reviewing the permit application, furnishing the State with the work
product within 45 calendar days of receipt of the State's request for such assistance, or earlier if mutually agreed
upon by OSMRE and the State.
(f) Exercising its responsibilities in a timely manner as set forth in a mutually agreed upon schedule, governed to
the extent possible by the deadlines established in the Program.
(g) Assuming all responsibility for ensuring compliance with any Federal lessee protection bond requirement.
10. This paragraph describes the procedures that OSMRE and the State will follow in the review of a PAP for
surface coal mining and reclamation operations where a mining plan is required under the Mineral Leasing Act:
(a) OSMRE and the State shall coordinate with each other during the review process as needed. The State shall
keep OSMRE informed of findings made during the review process which bear on the responsibilities of OSMRE
and other Federal agencies. OSMRE shall ensure that any information OSMRE receives which has a bearing on
decisions regarding the PAP is promptly sent to the State.
(b) The State shall review the PAP for compliance with the Program and State laws and regulations.
(c) OSMRE shall review the appropriate portions of the PAP for compliance with the non-delegable
responsibilities of the Act and the requirements of other Federal laws and regulations consistent with paragraphs 7
and 8 of this Agreement.
(d) OSMRE and the State shall develop a work plan and schedule for PAP review and each shall identify a person
as project leader. The State and OSMRE project leaders shall serve as the primary point of contact between OSMRE
and the State throughout the review process. Not later than 50 days after receipt, OSMRE shall furnish the State with
its preliminary findings and specify any requirements for additional data. OSMRE shall advise the State on the need
for it to perform any work as part of the preparation of an Environmental Impact Statement as soon as possible in the
review process.
(e) The State shall prepare a State decision package on the PAP. To the fullest extent allowed by the State and
Federal law and regulations, the State and OSMRE will cooperate so that duplication will be eliminated in
conducting the technical analyses and meeting NEPA requirements for the proposed mining operation. Copies of the
draft State decision package shall be sent to OSMRE for review and comment. OSMRE shall evaluate the package
and inform the State within 30 days, whenever possible, of any changes that should be made. The State shall consider
these comments and send a final State decision package to OSMRE for action in a timely manner consistent with the
Federal lands program. OSMRE shall have 30 days after receipt to request any changes to the State's final decision
package.
(f) The State may proceed to issue the permit in accordance with the Program prior to the necessary Secretarial
approval, provided that the State advises the permittee in the permit of the necessity for Secretarial approval of a
mining plan prior to beginning operations to mine Federal coal. The State shall reserve the right to amend or rescind
any requirements of the approved permit to conform with any terms or conditions imposed by the Secretary in his
approval of the mining plan.
11. This paragraph describes the procedures that the State and OSMRE will follow in processing a PAP for
surface coal mining and reclamation operations which does not require Secretarial approval of a mining plan under
the Mineral Leasing Act:
(a) Upon receipt of a PAP for such operations, OSMRE shall consult with and obtain the determinations or
conditions of any other Federal agencies with jurisdiction or responsibility over Federal lands affected by the
operations proposed in the PAP. To the extent possible, these determinations and conditions and any determinations
required by OSMRE pursuant to section 522 of the Act, shall be forwarded to the State within the time frame
allowed by State law for processing permit applications.
(b) The State shall review the PAP for compliance with the Program and State laws and regulations.
(c) The State may proceed to issue the permit.
(d) After issuing the permit, the State shall send OSMRE and the Federal land management agency a copy of the
signed permit form and State decision package.
12. The following procedures will be used in processing permit revisions or renewals:
(a) Any permit revision or renewal for operations on lands subject to the Federal lands program shall be reviewed
and approved or disapproved by the State after consultation with OSMRE on whether the revision or renewal
constitutes a mining plan modification under 30 CFR 746.18. OSMRE shall inform the State within 30 days of
receiving a copy of a proposed revision or renewal, whether it constitutes a mining plan modification. Where
approval of a mining plan modification is required, OSMRE and the State will follow the procedures outlined in
paragraph 10 of this Article.
(b) Permit revisions or renewals for operations not constituting a mining plan modification and not meeting the
criteria that may be established under (c) of this paragraph shall be reviewed and approved or disapproved following
the procedures outlined in paragraph 11 of this Article.
(c) OSMRE may establish criteria to determine which types of permit revisions and renewals do not constitute
mining plan modifications and will not affect the non-delegable responsiblities of OSMRE and other Federal
agencies. Revisions or renewals meeting such criteria may be approved by the State prior to informing OSMRE of
the approval and submission of copies of the revision or renewal to OSMRE.
Article VI: Inspections
13. The State shall conduct inspections on lands subject to the Federal lands program and prepare and file
inspection reports in accordance with the Program.
14. The State shall, subsequent to conducting any inspection, and on a timely basis, file with the Secretary an
inspection report adequately describing (1) the general conditions of the lands under the permit and license; (2) the
manner in which the operations are being conducted; and (3) whether the operator is complying with applicable
performance and reclamation requirements.
15. The State will be the point of contact and the inspection authority in dealing with the operator concerning
operations and compliance with the requirements covered by this Agreement, except as described hereinafter.
Nothing in this Agreement shall prevent inspections by authorized Federal or State agencies for purposes other than
those covered by this Agreement. The Department may conduct any inspections necessary to comply with 30 CFR
part 842 and 30 CFR 843.12(a)(2) and its obligations under laws other than the Act.
16. OSMRE shall give the State reasonable notice of its intent to conduct an inspection in order to provide State
inspectors with an opportunity to join in the inspection. When the Department is responding to a citizen complaint of
an imminent environmental danger or a threat to human health pursuant to 30 CFR part 842.11(b)(1)(ii)(C), it will
contact the State no less than 24 hours if practicable, prior to the Federal inspection to facilitiate a joint Federal/State
inspection. The Secretary reserves the right to conduct inspections without prior notice to the State as necessary to
carry out his responsibilities under the Act.
17. Personnel of the State and representatives of the Department shall be mutually available to serve as witnesses
in enforcement actions taken by either party.
Article VII: Enforcement
18. The State shall have primary enforcement authority under the Act concerning compliance with the
requirements of this Agreement and the Program.
19. During any joint inspection by the Department and the State, the State shall have primary responsibility for
enforcement procedures, including issuance of orders of cessation, notices of violation, and assessment of penalties.
The Department and the State shall consult prior to issuance of any decision to suspend or revoke a permit.
20. During any inspection made solely by the Department or any joint inspection where the State and the
Department fail to agree regarding the propriety of any particular enforcement action, the Department may take any
enforcement action necessary to comply with 30 CFR parts 843 and 845. Such enforcement action shall be based on
the standards in the Program, the Act, the permit, or all three, and shall be taken using the procedures and penalty
system contained in 30 CFR parts 843 and 845.
21. The State and the Department shall promptly notify each other of all violations of applicable laws, regulations,
orders, or approved mining plans and permits subject to this Agreement, and of all actions taken with respect to such
violations.
22. This Agreement does not affect or limit the Secretary's authority to enforce violations of Federal laws other
than the Act.
Article VIII: Bonds
23. The State and the Secretary shall require each operator on lands subject to the Federal lands program to submit
a single performance bond payable to both the United States and the State of Wyoming that is sufficient to cover the
operator's responsibilities under the Act and the program. Such performance bond shall be conditioned upon
compliance with requirements of the Program, the Act and the permit. Such bond shall provide that if this Agreement
is terminated, the bond shall be payable only to the United States to the extent that lands covered by the Federal
lands program are involved.
24. Prior to releasing the operator from any obligation under a bond required by the Program on lands subject to
the Federal lands program, the State shall obtain the concurrence of the Department. Departmental concurrence shall
be based on field measurements, observations, and coordination with other Federal agencies having authority over
the affected lands. The State shall also advise the Department annually of adjustments to the bond pursuant to the
Program.
25. Performance bonds shall be subject to forfeiture, with the concurrence of the Department, in accordance with
the procedures and requirements of the Program.
Article IX: Designation of Land Areas as Unsuitable
26. The State and OSMRE shall cooperate with each other in the review and processing of petitions to designate
lands as unsuitable for surface coal mining operations. When either agency receives a petition that could impact
adjacent Federal or non-Federal lands, the agency receiving the petition shall (1) notify the other of receipt and of the
anticipated schedule for reaching a decision; and (2) request and fully consider data, information and views of the
other.
27. The authority to designate State and private lands as unsuitable for mining is reserved to the State. The
authority to designate Federal lands as unsuitable for mining is reserved to the Secretary or his designated
representative.
Article X: Termination of Cooperative Agreement
28. This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15.
Article XI: Reinstatement of Cooperative Agreement
29. If this Agreement has been terminated in whole or in part, it may be reinstated under the provisions of 30 CFR
745.16.
Article XII: Amendments of Cooperative Agreement
30. This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with
30 CFR 745.14.
Article XIII: Changes in State or Federal Standards
31. The Department or the State may promulgate new or revised performance or reclamation requirements or
administration and enforcement procedures. OSMRE and the State shall immediately inform each other of any final
changes and of any effect such changes may have on this Agreement. If it is determined to be necessary to keep this
Agreement in force, the State shall take legislative action and each party shall change or revise its regulations or
promulgate new regulations, as applicable. Such changes shall be made under the procedures of 30 CFR Part 732 for
changes to the Program and sections 501 and 523 of the Act for changes to the Federal lands program.
32. The State and the Department shall provide each other with copies of any changes to their respective laws,
rules, regulations, and standards pertaining to the enforcement and administration of this Agreement.
Article XIV: Changes in Personnel and Organization
33. The State and the Department shall, consistent with 30 CFR Part 745, advise each other of changes in
organization, structure, functions, duties and funds of the offices, departments, divisions, and persons within their
organizations. Each shall promptly advise the other in writing of changes in key personnel, including the heads of a
department or division, or changes in the functions or duties of persons occupying the principal offices within the
structure of the Program. The State and the Department shall advise each other in writing of changes in the location
of offices, addresses, telephone numbers, and changes in the names, locations and telephone numbers of their
respective mine inspectors and the area within the State for which such inspectors are responsible.
Article XV: Reservation of Rights
34. In accordance with 30 CFR 745.13, this Agreement shall not be construed as waiving or preventing the
assertion of any rights that have not been expressly addressed in this Agreement, that the State or the Secretary may
have under other laws or regulations, including the Surface Mining Control and Reclamation Act of 1977, the
Mineral Leasing Act, as amended, the Mineral Leasing Act for Acquired Lands, the Stockraising Homestead Act, the
Federal Land Policy and Management Act, other Federal laws including but not limited to those listed in Appendix
A, the Constitution of the United States, and the Constitution of the State or State laws.
Article XVI: Definitions
35. Terms and phrases used in this Agreement which are defined in 30 CFR Parts 700, 701 and 740, or the
Program shall be given the meanings set forth in said definitions. Where there is a conflict between any definitions,
the definitions used in the Program will apply except in the case of a term which conflicts with the Secretary's
remaining responsibilities under the Act and other laws.
Appendix A
(1) Surface Mining Control and Reclamation Act, 30 U.S.C. 1201 et seq., and implementing regulations.
(2) The Federal Land Policy and Management Act, 43 U.S.C. 1701 et seq., and implementing regulations.
(3) The Mineral Leasing Act of 1920, 30 U.S.C. et seq., and implementing regulations including 43 CFR Part
3480 et seq.
(4) The Mineral Leasing Act for Acquired Lands of 1947, as amended, 30 U.S.C. 351 et seq., and implementing
regulations.
(5) The National Environmental Policy Act of 1969, 42 U.S.C. 4312 et seq., and implementing regulations
including 40 CFR Part 1500 et seq.
(6) The Endangered Species Act, 16 U.S.C. 1531 et seq., and implementing regulations including 50 CFR Part
402.
(7) The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., and implementing regulations including
36 CFR Part 800 and Executive Order 11593 (May 13, 1971).
(8) The Clean Air Act, 42 U.S.C. 7401 et seq., and implementing regulations.
(9) The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., and implementing regulations.
(10) The Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq., and implementing
regulations.
(11) The Reservoir Salvage Act of 1960, amended by the Preservation and Historical and Archaelogical Data Act
of 1974, 16 U.S.C. 469 et seq.
(12) Executive Order 11988 (May 24, 1977) for floodplain protection. Executive Order 11990 (May 24, 1977) for
wetland protections.
(13) The Fish and Wildlife Coordination Act, as amended, 16 U.S.C. 661-667.
(14) The Bald and Golden Eagle Protection Act of 1940, as amended, 16 U.S.C. 668-668d, and implementing
regulations.
(16) The Migratory Bird Treaty Act, as amended, 16 U.S.C. 701-718h.
[51 FR 45089, Dec. 16, 1986]
30 CFR Sec. 950.30 Approval of Wyoming abandoned mine land reclamation plan.
The Wyoming Abandoned Mine Land Reclamation Plan, as submitted on August 16, 1982, and as subsequently
revised, is approved effective February 14, 1983. Copies of the approved program are available at:
Casper Field Office, Office of Surface Mining Reclamation and Enforcement, 100 East B Street, room 2128,
Casper, WY 82601-1918.
State of Wyoming, Department of Environmental Quality, Abandoned Mine Lands Division, Herschler
Building, Third Floor West, 122 West 25th Street, Cheyenne, WY 82002.
[57 FR 12733, Apr. 13, 1992]
30 CFR Sec. 950.35 Approval of Wyoming abandoned mine land reclamation plan amendments.
(a) Wyoming certification of completing all known coal-related impacts is accepted, effective May 25, 1984.
(b) The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision
approving all, or portions of these amendments, were published in the Federal Register and the State citations or a
brief description of each amendment. The amendments in this table are listed in order of the date of final publication
in the Federal Register.
________________________________________________________________________________
Original amendment Date of final Citation/description
submission date publication
Dec. 16, 1991 April 13, 1992 W.S. 35-11-1201 through 1304; Chs I through VIII of State's
AML rules.
April 21, 1995 Feb. 21, 1996 W.S. 35-11-1206(a), (b); -1209(a), (b).
________________________________________________________________________________
[57 FR 12733, Apr. 13, 1992; 61 FR 6537, 6540, Feb. 21, 1996; 62 FR 9932, 9959, March 5, 1997]
[EFFECTIVE DATE NOTE: 62 FR 9932, 9959, March 5, 1997, revised this section, effective April 4, 1997.]
30 CFR Sec. 950.36 Required abandoned mine land plan amendments.
Pursuant to 30 CFR 884.15, Wyoming is required to submit to OSM by the date specified a reasonable timetable,
which is consistent with Wyoming's established administrative and legislative procedures, for submitting an
amendment to the State reclamation plan.
(a) By March 22, 1996, Wyoming shall submit a schedule for revising W.S. 35-11-1206(a) to remove the phrases
"cost of reclamation or the" and ", whichever is less" and revising W.S. 35-11-1206(b) to remove the phrase ", but
not exceeding the cost of the reclamation work,".
(b) By March 22, 1996, Wyoming shall submit a schedule for revising W.S. 1209(a), or otherwise revise its
statute, rules and/or plan, to include:
(1) Notices of violation in the criteria for determining the eligibility of construction contractors or professional
services contractors awarded an abandoned mine land reclamation contract; and
(2) A requirement that a contractor's eligibility shall be confirmed using OSM's Applicant/Violator System.
[61 FR 6537, 6540, Feb. 21, 1996]
[EFFECTIVE DATE NOTE: 61 FR 6537, 6540, Feb. 21, 1996, which added this section, became effective Feb. 21,
1996.]
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