Title 30—Mineral Resources--Volume 1
PART 884—STATE RECLAMATION PLANS
§ 884.1   Scope.
This part establishes the procedures and requirements for the preparation, submission and approval of State reclamation plans.
§ 884.5   Definitions.
As used in this part—
Reclamation plan or State reclamation plan means a plan that a State or Indian tribe submitted and that we approved under section 405 of SMCRA and part 884 of this chapter.
§ 884.11   State eligibility.
You, a State or Indian tribe, are eligible to submit a reclamation plan if you have eligible lands or water as defined in § 700.5 of this chapter within your jurisdiction. We may approve your proposed reclamation plan if you have an approved State regulatory program under section 503 of SMCRA, and you meet the other requirements of this chapter and SMCRA. The States of Tennessee and Missouri are exempt from the requirement for an approved State regulatory program by section 402(g)(8)(B) of SMCRA. The Navajo, Hopi, and Crow Indian tribes are exempt from the requirement for an approved regulatory program by section 405(k) of SMCRA.
§ 884.13   Content of proposed State reclamation plan.
(a) Requirements applicable to all eligible States and Indian tribes. You must submit the proposed reclamation plan to the Director in writing. The plan must include the information in paragraphs (a)(1) through (6) of this section.
(1) A designation by the Governor of the State or the governing authority of the Indian tribe of the agency authorized to administer the State or Tribal reclamation program and to receive and administer grants under part 885 or part 886 of this chapter.
(2) A legal opinion from the State Attorney General or the chief legal officer of the State agency that the designated agency has the authority under State law to conduct the program in accordance with the requirements of Title IV of the Act.
(3) A description of the policies and procedures to be followed by the designated agency in conducting the reclamation program, including—
(i) The purposes of the State reclamation program;
(ii) The specific criteria, consistent with section 403 of the Act for ranking and identifying projects to be funded;
(iii) The coordination of reclamation work among the State reclamation program, the Rural Abandoned Mine Program administered by the Soil Conservation Service, the reclamation programs of any Indian tribes located within the States, and OSM's reclamation programs; and
(iv) Policies and procedures regarding land acquisition, management and disposal under 30 CFR part 879;
(v) Policies and procedures regarding reclamation on private land under 30 CFR part 882;
(vi) Policies and procedures regarding rights of entry under 30 CFR part 877; and
(vii) Public participation and involvement in the preparation of the State reclamation plan and in the State reclamation program.
(4) A description of the administrative and management structure to be used in conducting the reclamation program, including—
(i) The organization of the designated agency and its relationship to other State organizations or officials that will participate in or augment the agency's reclamation capacity;
(ii) The personnel staffing policies which will govern the assignment of personnel to the State reclamation program;
(iii) The purchasing and procurement systems to be used by the agency. Such systems shall meet the requirements of Office of Management and Budget Circular A-102, Attachment 0; and
(iv) The accounting system to be used by the agency, including specific procedures for the operation of the State Abandoned Mine Reclamation Fund.
(5) A general description, derived from available data, of the reclamation activities to be conducted under the State reclamation plan, including the known or suspected eligible lands and waters within the State which require reclamation, including—
(i) A map showing the general location or known or suspected eligible lands and waters;
(ii) A description of the problems occurring on these lands and waters; and
(iii) How the plan proposes to address each of the problems occurring on these lands and waters.
(6) A general description, derived from available data, of the conditions prevailing in the different geographic areas of the State where reclamation is planned, including—
(i) The economic base;
(ii) Significant esthetic, historic or cultural, and recreational values; and
(iii) Endangered and threatened plant, fish, and wildlife and their habitat.
(b) Additional requirement applicable to certified States and Indian tribes. If you are a certified State or Indian tribe, the plan must include a commitment to address eligible coal problems found or occurring after certification as required in §§ 875.13(a)(3) and 875.14(b) of this chapter.
§ 884.14   State reclamation plan approval.
(a) The Director shall act upon a State reclamation plan within 90 days after submittal. A State reclamation plan shall not be approved until the Director has—
(1) Held a public hearing on the plan within the State which submitted it, or made a finding that the State provided adequate notice and opportunity for public comment in the development of the plan;
(2) Solicited and considered the views of other Federal agencies having an interest in plan;
(3) Determined that the State has the legal authority, policies, and administrative structure necessary to carry out the proposed plan;
(4) Determined that the proposed plan meets all the requirements of this subchapter;
(5) Determined that the State has an approved State regulatory program; and
(6) Determined that the proposed plan is in compliance with all applicable State and Federal laws and regulations.
(b) If the Director disapproves a proposed State reclamation plan, the Director shall advise the State in writing of the reasons for disapproval. The State may submit a revised proposed State reclamation plan at any time under the procedures of this section.
§ 884.15   State reclamation plan amendments.
(a) A State may, at any time, submit to the Director a proposed amendment or revision to its approved reclamation plan. If the amendment or revision changes the objectives, scope or major policies followed by the State in the conduct of its reclamation program, the Director shall follow the procedures set out in § 884.14 in approving or disapproving an amendment or revision of a State reclamation plan.
(b) The Director shall promptly notify the State of all changes in the Act, the Secretary's regulations or other circumstances which may require an amendment to the State reclamation plan.
(c) The State shall promptly notify OSM of any conditions or events that prevent or impede it from administering its State reclamation program in accordance with its approved State reclamation plan.
(d) State reclamation plan amendments may be required by the Director when—
(1) Changes in the Act or regulations of this chapter result in the approved State reclamation plan no longer meeting the requirements of the Act or this chapter; or
(2) The State is not conducting its State reclamation program in accordance with the approved State reclamation plan.
(e) If the Director determines that a State reclamation plan amendment is required, the Director, after consultation with the State, shall establish a reasonable timetable which is consistent with established administrative or legislative procedures in the State for submitting an amendment to the reclamation plan.
(f) Failure of a State to submit an amendment within the timetable established under paragraph (e) of this section or to make reasonable or diligent efforts in that regard may result in either the suspension of the reclamation plan under § 884.16, reduction, suspension or termination of existing AML grants under § 886.18, or the withdrawal from consideration for approval of all grant applications submitted under § 886.15.
§ 884.16   Suspension of plan.
(a) The Director may suspend a State reclamation plan in whole or in part, if he determines that—
(1) Approval of the State regulatory program has been withdrawn in whole or in part;
(2) The State is not conducting the State reclamation program in accordance with its approved State reclamation plan; or
(3) The State has not submitted a reclamation plan amendment within the time specified under § 884.15.
(b) If the Director determines that the plan should be suspended, the Director shall notify the State by mail, return receipt requested, of the proposed action. The notice of proposed suspension shall state the reasons for the proposed action. Within 30 days the State must show cause why such action should not be taken. The Director shall afford the State an opportunity for consultation, including a hearing if requested by the State and performance of remedial action prior to the notice of suspension.
(c) The Director shall notify the State of his decision in writing. The decision of the Director shall be final.
(d) The Director shall lift the suspension if he determines that the deficiencies that led to suspension have been corrected.
§ 884.17   Other uses by certified States and Indian tribes.
(a) The reclamation plan for a certified State or Indian tribe may provide for the construction of specific public facilities related to the coal or minerals industries in States impacted by coal or minerals development. This form of assistance is available when the Governor of the State or the head of a governing body of an Indian tribe determines there is a need for such activities or construction and the Director concurs.
(b) Grant applications for uses other than coal reclamation by certified States and Indian tribes may be submitted in accordance with § 885.15 of this chapter.