Guidance for Project Eligibility Under the FY2021 AMLER Program Page 1 of 8

GUIDANCE FOR PROJECT ELIGIBILITY UNDER THE ABANDONED MINE LAND

ECONOMIC REVITALIZATION PROGRAM FOR FISCAL YEAR 2021

I. OVERVIEW

Pursuant to the Consolidated Appropriations Act, 2021 (Public Law 116-260), the Department of the 

Interior’s (DOI) Office of Surface Mining Reclamation and Enforcement (OSMRE) has made funding 

available for projects in the Abandoned Mine Land Economic Revitalization (AMLER) Program (also 

known as the AML Pilot Program) for Fiscal Year (FY) 2021. The AMLER Program provides grants to 

the six Appalachian States with the highest amount of unfunded Priority 1 and Priority 2 Abandoned 

Mine Land (AML) problems based on OSMRE’s AML inventory data as of September 30, 2020. 

Accordingly, the following States will each receive $25 million - Ohio, Pennsylvania, and West Virginia; 

while Alabama, Kentucky, and Virginia will each receive $10 million in order to accelerate the 

remediation of AML sites with economic and community development end uses. In addition, the three 

Tribes with an approved AML reclamation program will each receive an equal portion of $10 million 

(Hopi Tribe - $3.33 million, Crow Tribe - $3.33 million, and Navajo Nation - $3.33 million). The AMLER

Program is intended to explore and implement strategies to return legacy coal sites to productive uses.

State/Tribal AML Programs, in consultation with State, Tribal, and local economic/community 

development authorities, must develop eligible projects that demonstrate a nexus with AML land and 

water reclamation, and economic and community development. The AMLER Program is an opportunity 

for local communities and States/Tribes to return impacted areas to productive reuse, which should be 

defined by the States/Tribes in cooperation with local communities, to achieve the economic and 

community development goals identified for the community and/or region.

The purpose of this guidance document is to provide State/Tribal AML Programs with general criteria 

by which potential projects will be evaluated for eligibility and successful selection. This guidance is 

intended to ensure that projects meet the economic and community development nexus criteria, as the 

current AML program does not require such criteria. As such, the AMLER Program offers a nontraditional approach to the reclamation of impacted mine lands. A uniform approach is not expected in 

every State/Tribe; however, this guidance is intended to assist States/Tribes in their selection of 

projects.

State/Tribal AML Programs are encouraged to collaborate with their respective State/Tribal and local 

economic development authorities and local communities to identify potential projects and apply funds 

from the AMLER Program to projects that will offer the greatest benefits for communities. The AMLER 

Program offers States, Tribes, and local communities flexibility in deciding which projects offer the 

greatest opportunities within their communities.

II. ELIGIBLE PROJECTS

Sites eligible under the AMLER Program:

• Unreclaimed Priority 1, Priority 2, or Priority 3 sites (i.e., AML lands and polluted waters) listed in eAMLIS.

• Previously reclaimed AML lands and polluted waters.

• Land adjacent to unreclaimed or previously reclaimed AML lands and polluted waters as justified by 

the State, Tribe, and/or the communities impacted by historic coal production.
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Please note: Currently permitted Title V mine sites are not eligible to receive AMLER funds. Formerly 

permitted mine sites reclaimed after August 3, 1977 that are adjacent to, or connected with, an eligible 

AMLER project may be included in AMLER funding. 

III. ECONOMIC AND COMMUNITY DEVELOPMENT NEXUS

The economic and community development nexus can be demonstrated by States/Tribes in different 

ways depending on whether the proposed project is intended to: (1) incorporate economic and 

community development related activities as part of the project itself (Category A projects), or (2) 

involve primary reclamation activities only in order to create the conditions for future economic and 

community development that occurs post-reclamation (Category B projects).

When selecting projects, States/Tribes are encouraged to consider the following:

“Category A” Projects (Reclamation with Development):

This is a project intended to include economic and community development related activities as part 

of the project itself, as well as reclamation activities, likely to result in positive economic and 

community development outcomes that can be measured.

In order to provide accountability, State/Tribal AML Programs will need to demonstrate that 

favorable conditions are created by the reclamation of the site. However, the Consolidated 

Appropriations Act did not specify criteria or metrics by which projects are evaluated since projectrelated outcomes will vary based on the project type. State/Tribal AML Programs should, to the 

extent possible, differentiate between post-project measures of future economic development in the 

medium to long term, and more short-term measures associated with economic development 

activities (e.g., infrastructure construction) that are included in the project itself. OSMRE recognizes 

that the metrics for productive reuse will vary based on the type of project selected. However, State 

and Tribal AML Programs will be required to report economic benefits and performance measures 

associated with awarded projects (see Section X). The following provides examples of measures a 

State/Tribe may wish to report:

o Jobs created (beyond those jobs necessary to conduct reclamation);

o Businesses created, or served, or improved;

o Infrastructure created (impact could be measured by the linear feet, acreage, square feet, or 

other unit of measure for the expected amount of water, sewer, utility, or other form of 

infrastructure installed, constructed or repaired);

o Increased, enhanced, or restored infrastructure system capacity;

o Communities served or improved;

o Households served or improved;

o New or existing workers or students served or improved; and

o Number of visitors (overnight and daytime).

“Category B” Projects (Reclamation for Potential Development):

This is a project reasonably likely to create favorable conditions for the economic development of 

the project site or promote the general welfare through economic and community development of 

the area in which the project is conducted.

Such “favorable conditions” may be demonstrated by any one of the following:
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o Documentation of the role of the project in the area’s economic development strategy or 

other economic and community development planning process.

o Documentation of the planned economic and community use of the project site after the 

primary reclamation activities are completed. Examples include contracts, agreements in 

principle, or other evidence that, once reclaimed, the site is reasonably anticipated to be 

used for one or more industrial, commercial, residential, agricultural or recreational 

purposes.

It is recommended that the documentation and outcomes noted above are submitted during the vetting 

process (described more fully below). The documentation and outcomes noted above will be required 

when seeking an Authorization to Proceed (ATP).

Project description examples are provided below:

Example of Acceptable Category A Project: The Big Sky Outdoor Recreation Trail project will consist of 

two sections of trail infrastructure development: 1) reclamation and construction on abandoned mine 

lands to create 10 miles of trails within the Big Sky Outdoor Recreation Trail Network, using AMLER 

funding; and 2) construction of trail facilities and five miles of feeder trails on adjacent properties that 

will connect to the Big Sky Outdoor Recreation Trail Network, leveraging private funding. This project is 

consistent with a Comprehensive Economic Development Strategy (CEDS) developed by the region 

and focuses on tourism and recreation as an economic growth opportunity. By investing in the 

infrastructure for both local and visiting outdoor enthusiasts, the region will attract visitors and develop 

local businesses around the emerging cluster of outdoor recreation outfitters and manufacturers, 

restaurants, hospitality businesses, and other related businesses.

Example of Acceptable, Category B Project: This project will reclaim 10 acres of abandoned mine land, 

a site that will later be used to build a community center with Internet access, job placement and 

vocational training facilities. The need for the community center was identified in a documented 

community planning process and approved by local government officials.

Examples of Unacceptable Projects: 1) The project is not located on or adjacent to an unreclaimed or 

previously reclaimed AML site. 2) The project does not sufficiently demonstrate a nexus to economic 

and community development. 3)The performance measure for economic and community development 

is being categorized as future industrial development but it is not associated with a local economic or 

community development planning process and/or does not have the support of local government 

officials.

IV. USE OF FUNDS AND LEVERAGING OTHER FUNDING SOURCES

AMLER grant recipients must comply with all applicable Federal grant award requirements, including 

but not limited to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for 

Federal Awards (2 CFR Part 200). States, Tribes, and local communities have the flexibility to use 

AMLER funds for both the reclamation of impacted lands and waters and brick and mortar needs 

related to the end-use development project. The AMLER Program offers maximum flexibility in this 

regard, letting States, Tribes, and local communities balance the needs of an individual project with the 

ability to fund other priority AMLER projects.

Where resources may help expand a project’s scope or outcome, States, Tribes, and local communities 

are encouraged to identify and leverage other public and private funding sources to be used in 

conjunction with funding provided through the AMLER Program. In particular, States and Tribes are 

encouraged to review opportunities for leveraging funds and other resources made available by other 

Federal offices. This includes the Appalachian Regional Commission (ARC) and the Economic 
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Development Administration (EDA)1. A non-exhaustive list of examples of funding combinations 

includes:

• AMLER $ + Private $

Additional funds could demonstrate economic and community development with a nexus to an AML 

site.

• AMLER $ + AML $

Monies will need to be tracked separately. OSMRE’s existing account structure can accommodate 

this tracking.

• AMLER $ + ARC $

Combining, coordinating, or matching AMLER funds with ARC funds could demonstrate economic 

and community development with a nexus to an AML site. AMLER funds or other AML funds can 

be used as matching funds for projects funded by ARC.

• AMLER $ + EDA $

Combining, coordinating, or matching AMLER funds with EDA funds could demonstrate economic 

and community development with a nexus to an AML site to leverage other funding sources such as 

funds awarded by EDA.

• AMLER $ + USDA $

Opportunities for combining, coordinating, or matching AMLER funds with USDA rural development 

funds in certain areas may also be available.

V. DEVELOPING AMLER PROJECTS

Each State/Tribal AML Program is responsible for developing eligible AMLER projects. AMLER project 

proposals should include a description of how, when, where, and for what reclamation, economic or 

community development purposes AMLER funds will be used. States/Tribes should provide summary 

level information about the project’s purpose, cost, partnerships and/or leveraged funds (if applicable), 

and the expected economic benefits that lead to the project’s selection. The State/Tribe should also 

include information on the intended sub-recipient of funds. Eligible grant sub-recipients are typically 

limited to State, Tribal, and local governments, economic development organizations, local 

communities, and non-government organizations. These sub-recipients, who are also considered subgrantees may sub-contract project-related activities as appropriate, only after an Authorization to 

Proceed (ATP) has been issued for the specific project.

Once State/Tribal AML Programs, working with their local economic development authorities and local 

communities, conceptually develop their AMLER project proposals, these proposals must then be 

submitted to the servicing OSMRE Field Office. OSMRE will work with the State and Tribal AML 

Programs to conduct a review of these proposed projects on a rolling basis. OSMRE’s review and 

approval process occurs in two phases. 

First, OSMRE will vet project proposals to identify at the early stage any concerns about the project or 

its eligibility. OSMRE will advise the State/Tribe of any concerns with the project or will provide 

confirmation that the project does not raise any concerns at this early stage. Once the proposed 

project has been vetted, and if it receives OSMRE’s preliminary approval, the State/Tribe should then 

1

Information about federal funding opportunities and additional funding and other resources (e.g., technical assistance) can be 

found at: www.eda.gov/coal/ and www.arc.gov.
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proceed to develop the detailed project design, technical analysis, legal and regulatory requirements 

necessary, so that the project can advance to the next phase.

The second and final phase involves the environmental review, e-AMLIS update, and OSMRE’s 

issuance of an ATP. Please note that each AMLER project with preliminary approval requires the 

issuance of an ATP. 

VI. PUBLIC ENGAGEMENT

When developing eligible projects for the AMLER Program, State/Tribal AML Programs should ensure 

public engagement at the local level through communication with State, Tribal, and local economic 

development programs. These organizations are well-suited for understanding and achieving 

economic and community development end uses and goals.

States/Tribes are encouraged to utilize best practices for public engagement that are already in place 

or develop a process for public outreach and communication with local citizens and public organizations 

that best meets their unique circumstances. Some examples of public engagement include, but are not 

limited to, notification of local citizens of the intent/purpose of a project via meetings, print media, and 

social media; and partnering with organizations that inherently facilitate public outreach and 

communication. Documentation of public outreach must be submitted when seeking an ATP.

VII. PROJECT BENEFITS, EXPECTED OUTCOMES OR PERFORMANCE MEASURES

States and Tribes are urged to demonstrate the success of their AMLER Program by tracking and 

reporting on as many economic measures as practical for each selected AMLER project. States/Tribes

can identify, track and define the success of projects in many ways. However, State and Tribal AML 

Programs will be required to report economic benefits and performance measures associated with 

awarded projects (see Section X). Examples of significant measures of success are provided below:

o Jobs created (beyond those jobs necessary to conduct reclamation);

o Businesses created, served, or improved;

o Infrastructure created (impact could be measured by the linear feet, acreage, square feet, or 

other unit of measure for the expected amount of water, sewer, utility, or other form of 

infrastructure installed, constructed or repaired);

o Revenues increased (export or domestic sales);

o Patients served or improved;

o Participants served or improved;

o Organizations served or improved;

o Increased, enhanced, or restored infrastructure system capacity (includes energy capacity, 

broadband accessibility);

o Communities served or improved;

o Households served or improved;

o Housing units constructed or rehabilitated;

o New or existing workers or students served or improved;

o Number of visitors (overnight and daytime); and

o Quantifiable recreational opportunities created.

VIII. COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT

OSMRE has determined that the provisions of the National Environmental Policy Act (NEPA) apply to 

all AMLER projects funded under Public Law 116-260. NEPA regulations issued by the White House 
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Council on Environmental Quality (CEQ) are found at Title 40, Parts 1500-1508 of the Code of Federal 

Regulations (40 CFR Parts 1500-1508, 42 U.S.C. 4371 et seq.).

In accordance with NEPA regulations, analysis of the “Federal action” is applicable to the approval of 

AMLER projects, as they are “Federally assisted activities” due to the allocation of Federal funds which 

must be “approved” by “other regulatory decisions.” See OSMRE REG-1, Handbook on Procedures for 

Implementing the National Environmental Policy Act (NEPA Handbook) (Revised 2019). Public Law 

116-260 provides OSMRE with the authority to allocate funding to Alabama, Kentucky, Ohio, 

Pennsylvania, Virginia, West Virginia, the Crow Tribe, the Hopi Tribe, and the Navajo Nation for eligible 

projects that involve abandoned mine land reclamation and related economic and community 

development activities.

Based on the significance of the actual and potential impacts of the proposed action, there are three 

types of NEPA analysis:

1) Categorical Exclusion (CE);

2) Environmental Assessment (EA), which may result in a Finding of No Significant Impact (FONSI); 

3) Environmental Impact Statement (EIS).

The Department’s NEPA regulations make clear, in the absence of an applicable CE, that an EA, and in 

some cases, an EIS must be prepared for the proposed Federal action. Title 43 of the Code of Federal 

Regulations (CFR) Part 46.205(A) states:

If a proposed action does not meet the criteria for any of the listed Departmental categorical exclusions or any of the 

individual bureau categorical exclusions, then the proposed action must be analyzed in an environmental assessment or 

environmental impact statement.

Based on OSMRE’s experience, it is anticipated an EA will be required for most AMLER projects. 

Definitions of the three types of NEPA analysis are outlined below.

Categorical Exclusion

A CE is the first threshold of NEPA analysis for a proposed Federal action. The NEPA regulations 

allow for projects that meet certain criteria and are sufficiently minor in scope and effect to be 

categorically excluded so that neither an EA nor an EIS is required. For these types of projects, 

OSMRE has created and received approval from CEQ for a CE. This CE is contained in the DOI 

Departmental Manual (DM), Chapter 13 [516 DM 13.5 (33)] and applies to AML reclamation projects 

that meet specific criteria.

Environmental Assessment

If a determination is made that a CE does not apply to a proposed Federal action, then an EA is 

prepared. The EA determines whether a Federal action has the potential to cause significant 

environmental effects. If no significant environmental effect is found, the decision document will result 

in a FONSI and the project may continue. However, if a significant effect is found, then the project 

must go through the more rigorous EIS process.

Environmental Impact Statement

An EIS is prepared if the proposed major Federal action is determined to significantly affect the quality 

of the human environment. The determination whether to perform an EIS must be made with respect to 

any “Federal action” deemed major or significant (see 40 CFR 1508.18). The regulatory requirements 

for an EIS are more detailed and rigorous than the requirements for an EA.

Project participants are strongly encouraged to utilize this guidance and look closely at the parameters 

of the three types of NEPA analyses outlined above and refer to the NEPA Handbook to align their 
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proposed projects accordingly in order to best understand their likely level of NEPA threshold prior to 

OSMRE’s review.

IX. PURCHASE OF REAL PROPERTY 

The following guidance on real property applies to all AMLER projects including the current fiscal year 

(FY 2021) and all previous years of the AMLER Program (FY 2016 – FY 2020). The requirements for 

the acquisition, use, management, and disposal of real property acquired under an AMLER grant are 

established under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements 

for Federal Awards (2 CFR Part 200), the Financial Assistance Interior Regulation (FAIR) Act (2 CFR 

Part 1402), and the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 

(P.L. 91-646) (49 CFR Part 24). Other applicable provisions are also found in sections 407 and 409 of 

SMCRA (30 U.S.C. 1237, 30 U.S.C. 1239), and OSMRE regulations referenced in 30 CFR Part 879.

Real property means land or an interest in land, such as an easement. Real property may include land 

improvements, structures and appurtenances thereto, but excludes moveable machinery and 

equipment. OSMRE recognizes that on rare occasions it may be necessary to acquire land using 

AMLER funds to facilitate the accelerated economic development of an AMLER project. State/Tribal 

AML programs should clearly demonstrate in the proposal that acquisition of the property is necessary 

to achieve the goals of the AMLER project.

Whenever a State/Tribal Program is seeking approval to use AMLER funds to purchase an interest in 

real property, the SF-429-B, Request to Acquire, Improve, or Furnish, must be submitted to OSMRE. 

All aspects of the purchase must be in compliance with applicable laws and regulations relating to real 

estate purchases.

When such purchases occur, while OSMRE does not typically become the owner of the land, OSMRE

does retain an interest. At a minimum, that interest is to ensure that State/Tribal AML Program 

maintains the land in accordance with the purpose and conditions set out in the financial assistance 

award. When the land is no longer needed or utilized for that purpose, in accordance with 2 CFR Part 

200, the State/Tribal AML Program must dispose of or revert title to the land in accordance with award 

documents, deed, or other legal instrument.

Designation as Recipient/Sub-recipient

The State/Tribal AML Program that receives an AMLER grant which funds the purchase of real property 

will always be designated the recipient. Any other State/Tribal Agency, local government, institution of 

higher education, or non-profit organization that holds title to real property purchased using AMLER 

funds will be designated a sub-recipient. It is incumbent upon the State/Tribal AML Program, as the 

recipient, to provide the sub-recipient with all relevant terms and conditions of the AMLER grant.

Fair Market Value & Appraisals

The Federal contribution from the AMLER funds to the purchase price of the property must not exceed 

the appraised fair market value. Real property that will be purchased with funds from financial 

assistance actions must be appraised in accordance with the Uniform Appraisal Standards for Federal 

Land Acquisitions (UASFLA or the “Yellow Book”) by an independent real property appraiser licensed 

or certified by the state in which the property is located. A property appraisal by a state-certified 

appraiser shall be prepared for the acquisition of the subject property. The appraiser should be 

certified for all general property appraisals (49 CFR Part 24.103).

Deed of Transfer

The deed of transfer must specify that the property will be used for the purposes of the AMLER project. 

If the non-Federal entity dissolves or is unable to continue managing the property as intended, the 
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property must be transferred (with the original deed restrictions) to another non-Federal entity with the 

same goals. The new non-Federal entity must continue to operate and maintain the property as 

appropriate. The deed of transfer must also specify that if the property is no longer needed for the 

purposes stated in the deed, the owner will notify and consult with State/Tribal AML Program and 

DOI/OSMRE for appropriate disposition instructions.

Tracking Data on Real Property

OSMRE requires that the State/Tribal AML Program submit a report annually on the status of real 

property acquired using AMLER funds for the period of time in which the Federal government retains an 

interest. If the interest in the land will be held for less than 15 years, reports must be submitted 

annually. If the interest in the land will be held for 15 years or more, then the recipient must submit 

reports annually for the first three years and then every five years thereafter (2 CFR Part 200.329).

X. REPORTING REQUIREMENTS

The following guidance on reporting requirements applies to all AMLER projects including the current 

fiscal year (FY 2021) and all previous years of the AMLER Program (FY 2016 – FY 2020). This 

program is deemed by Congress as a “pilot” and involves the significant expenditure of Federal funds. 

As such, OSMRE is obligated to report to Congress and the public on the use of AMLER funds, as well 

as the benefits derived from their use. To this end, OSMRE will compile an Annual AMLER Program 

Report that will evaluate the economic impact of the Program and the status of AMLER projects within

each State and Tribe. To assist OSMRE in preparing this report, each State and Tribal AML Program 

must provide detailed program narratives as part of their annual grant reports which must include a 

status update of each approved AMLER project for corresponding grants disbursed to date. In addition 

to the annual grant and performance reporting, State and Tribal AML programs are required to submit 

the following information: 

• A list of AMLER projects that received AMLER grants for each funding year. 

• A summary of the process used by each State/Tribe to solicit, develop and select projects. 

• Current status of each AMLER project, including:

o AMLER funding amount requested vs. actual amount received;

o All other funding source(s) leveraged (e.g., in-kind services, private contribution, AML grants, 

etc.);

o Total amount expended on the project to date and the amount expected to be spent;

o Project partners;

o Economic benefits/performance measures accomplished to date;

o Expected benefits/outstanding performance measures to be accomplished and timelines for 

completion. 

o The status of any real property purchased for AMLER approved activities. 

* * *

If you have any questions or need additional assistance, please contact Sterling Rideout or 

Yolande Norman at 202-208-4264 or your servicing OSMRE Field Office