[Federal Register Volume 66, Number 112 (Monday, June 11, 2001)]
[Notices]
[Pages 31250-31258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14580]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement


Abandoned Mine Land Reclamation Program Guidelines

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Notice of revised guidelines for abandoned mine land 
reclamation programs and projects.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(we or OSM) have revised the Abandoned Mine Land (AML) Reclamation 
Program Guidelines which were published on December 30, 1996 (61 FR 
68777). We requested comments in the Notice of Intent to revise these 
guidelines published on November 16, 2000 (65 FR 69331). Based on 
comments received, the guidelines have been revised and are printed 
below. The revisions incorporate new procedures

[[Page 31251]]

found in the AML Enhancement Rule published February 12, 1999 (64 FR 
7470). All other revisions are not substantive in nature and are 
intended to make our guidelines easier to read and understand.

EFFECTIVE DATE: June 11, 2001.

ADDRESSES: Additional copies of the revised guidelines are available 
for inspection and may be obtained at the following offices:

OSM, Department of the Interior, South Interior Building Room 120, 1951 
Constitution Avenue, NW., Washington, DC 20240, (202) 208-5365
OSM, Appalachian Regional Coordinating Center, Three Parkway Center, 
Pittsburgh, Pennsylvania 15220, (412) 937-2828
OSM, Mid-Continent Regional Coordinating Center, 501 Belle Street, 
Alton, Illinois 62002, (618) 463-6460
OSM, Western Regional Coordinating Center, 1999 Broadway, Suite 3320, 
Denver, Colorado 80202, (303) 672-5500

FOR FURTHER INFORMATION CONTACT: Mr. Gene Krueger, Chief, Division of 
Reclamation Support, Office of Surface Mining Reclamation and 
Enforcement, 1951 Constitution Avenue, NW., Washington, DC 20240; 
Telephone: (202) 208-2937. E-mail: <a href="/cdn-cgi/l/email-protection#5f38342d2a3a383a2d1f302c322d3a71383029"><span class="__cf_email__" data-cfemail="7f18140d0a1a181a0d3f100c120d1a51181009">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The AML Reclamation Program Guidelines give 
general guidance to States, Indian tribes, the U.S. Department of 
Agriculture, and OSM in the administration of reclamation activities. 
This includes activities carried out under programs authorized by Title 
IV of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
These guidelines are considered to be statements of existing policy and 
do not set new legal requirements or obligations and could change at 
our discretion. Sections B.5.a-d of the guidelines have been revised to 
reflect the new procedures contained in the AML Enhancement Rule, 30 
CFR 707.5 and 874.17. The complete guidelines document is set forth 
below:
    Comments were requested on the proposed guidelines and a total of 
four comments were received. They were all from State authorities. All 
comments received were considered in the process of drafting the final 
guidelines and are available for inspection at the address listed 
above. A response to comments@ document has been prepared by OSM and is 
available on request by contacting the individual listed under FOR 
FURTHER INFORMATION CONTACT.

    Dated: May 11, 2001.
Glenda Owens,
Acting Director, Office of Surface Mining Reclamation and Enforcement.

Abandoned Mine Land (AML) Reclamation Program Guidelines for 
Reclamation Programs and Projects

Contents

A. Definitions

B. Program Considerations

1. Land, Water, or Mineral Rights Required for Reclamation
    a. Consent Requirements and Responsibility
    b. Written Consent Versus Police Power
    c. Monitoring and Maintenance
    d. Property Acquisition
2. Jurisdictional Responsibilities
    a. Reclamation Program Legal Requirements
    b. Environmental Evaluation Requirements
    c. Interstate Coordination Requirements
3. Selection Criteria (Non-emergency)
    a. Reclamation Site Ranking
    b. Reclamation Considerations
    c. Reclamation Extent
    d. Cooperative Efforts
    e. Joint Projects
4. Emergency Projects
    a. Authority for Emergency Reclamation
    b. Emergency Project Considerations
    c. Emergency Project Examples
    d. Abatement Procedures
5. Incidental Recovery of Coal in Conjunction With Reclamation 
Activities
    a. Active Mining Permit Requirements
    b. Disposition of Incidental Coal
    c. Substantial Deposits of Incidental Coal
    d. Optional Participation
6. Abandoned Structures and Equipment
    a. Investigation and Report
    b. Ownership Rights
    c. Disposal Revenues or Benefits
7. Borrow and Disposal Areas
    a. Site Selection
    b. Adverse Impacts
8. Program and Project Evaluation
    a. General Evaluation Considerations
    b. Evaluation Report
9. Maintenance of Reclamation Work
    a. Planned Maintenance
    b. Unplanned Maintenance
10. Non-coal Projects
    a. Guideline Applicability
    b. Priorities Under Section 409
    c. Priorities Under Section 411

C. Site Considerations

1. Mine Drainage
    a. General Considerations
    b. At-source Control Measures
    c. Treatment Measures
    d. Coal Refuse Piles and Coal Waste Embankments
2. Active Slides and Slide-Prone Areas
    a. Site Evaluation Factors
    b. Remedial Measures
3. Erosion and Sedimentation
    a. Erosion and Sediment Control Considerations
    b. Erosion Control Practices
    c. Sediment Trapping Practices
4. Vegetation
    a. Existing Vegetation Inventory and Evaluation
    b. Vegetative Requirements
5. Toxic Materials
    a. Sampling and Analysis Considerations
    b. Planning Considerations
    c. Sites Eligible Under Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA).
6. Hydrologic Balance
    a. Planning Considerations
    b. Surface-water Considerations
    c. Ground-water Considerations
7. Public Health and Safety
    a. Dump Sites
    b. Highwall Danger
    c. Mine Openings and Subsidence
    d. Radiation Emission
    e. Domestic Water Supplies
    f. Surface and Underground Mine Fires
    g. Hazardous/Explosive Gases
8. Esthetics and Visual Values
    a. Visual Degraders
    b. Esthetics Problem Solutions
9. Fish and Wildlife Values
    a. Project Identification Requirements
    b. Determining Fish and Wildlife Values and Goals
    c. Planning Considerations
    d. Installing and Maintaining Established Fish and Wildlife 
Habitat Values
10. Air Quality
    a. Air Quality Standards
    b. Coordination Requirements
    c. Air Quality Degradation and Improvement

A. Definitions

    1. Abandoned Property--Real and personal property, associated with 
past mining activities, forsaken or deserted by an owner. This includes 
real estate, structures, and equipment.
    a. Abandoned Structures--Abandoned permanent improvements or 
fixtures firmly attached to the land and considered as part of real 
property. Abandoned structures include but are not limited to coal 
tipples, coal washers, storage and grading facilities, loading docks, 
rail spurs, concrete foundations, dams, reservoirs, and bridges. Other 
items such as crushers, elevators, bins, loaders, conveyors and similar 
equipment are within this definition if firmly attached to the land.
    b. Abandoned Equipment--Abandoned movable items not attached to the 
land. Such items are considered as personal property and include 
equipment and dismantled machinery not attached to the land and which 
could be moved. These items include but are not limited to shovels, 
scrapers, tires, machinery parts, trailers, trucks, electrical 
substations on skids, feeders, and loaders.
    c. Disposal--The sale, federal use, demolition, removal, and the 
burning and burial of scrap or other debris resulting from abandoned 
structures and equipment.

[[Page 31252]]

    2. Act--The Surface Mining Control and Reclamation Act of 1977 
enacted as Public Law 95-87 (30 U.S.C. 1201 et seq.), as amended.
    3. Administering Agency--The agency responsible for carrying out a 
reclamation program or project. This includes OSM for federal 
reclamation projects; United States Department of Agriculture (USDA), 
Natural Resources Conservation Service (NRCS) for the Rural Abandoned 
Mine Program; designated State reclamation agencies for projects 
carried out under an approved State Reclamation Plan; and Indian tribes 
for projects carried out under an approved Indian Reclamation Plan.
    4. Eligible Lands--Land and water which were mined for coal or 
which were affected by such mining, wastebanks, coal processing, or 
other coal mining processes and left or abandoned in either an 
unreclaimed or inadequately reclaimed condition prior to August 3, 
1977, and for which there is no continuing reclamation responsibility. 
Provided, however, that lands and water damaged by coal mining 
operations after that date and on or before November 5, 1990, may also 
be eligible for reclamation if they meet the requirements specified in 
30 CFR 874.12 (d) and (e). Eligible lands and water for non-coal 
reclamation purposes are those sites that meet the eligibility 
requirements specified in Section 409 of the Act or, following 
certification of the completion of all known coal problems, those in 
Section 411 of the Act or 30 CFR 875.14. For additional eligibility 
requirements for water projects, see 30 CFR 874.14, and for lands 
affected by remining operations, see Section 404 of the Act.
    5. Emergency--A sudden dangerous condition or impairment that 
constitutes a situation with a high probability of substantial physical 
harm to the health, safety, or general welfare of people before the 
danger can be abated under normal program procedures.
    6. Hydrologic Balance--The relationship between the quality and 
quantity of water inflow to water outflow from an abandoned mine land 
site. The relationship includes water storage and transfer within 
hydrologic units as they now exist or may have existed.
    7. Toxic Materials--Earth materials or wastes resulting from mining 
operations which, if acted upon by air, water, or micro-biological 
processes are likely to produce chemical or physical conditions in 
soils or water that are harmful to the animal and plant life or water 
use.

B. Program Considerations

1. Land, Water, or Mineral Rights Required for Reclamation

    a. Consent Requirements and Responsibility. In addition to the 
rights of entry required by 30 CFR 877, other consents required by the 
specific type of reclamation program should be secured. In water 
limited areas reclamation programs that propose to restore or alter 
water quality or quantity should not be undertaken until the 
appropriate water right authorizations are secured. If the mineral 
estate is severed from the surface estate, consents should be secured 
from both parties. All necessary consents should be secured for a time 
period sufficient to complete the reclamation activities. The 
administering agency has the responsibility to make certain that no 
reclamation work is carried out without such authorizations.
    b. Written Consent Versus Police Power. Written consent from the 
owner of record and the tenant holding a lease or his authorized agent 
should be the preferred means for securing agreements to enter lands in 
order to carry out reclamation work. Entry by use of police power is 
restricted to those reclamation projects that will protect public 
health, safety, and general welfare as authorized under Sections 
407(a), 407(b), 409(c), and 410 of the Act. They should be undertaken 
only after all possibilities of securing written consents have been 
exhausted.
    c. Monitoring and Maintenance. Written consent by the landowner 
should include considerations for monitoring and maintenance, including 
rights of entry as necessary.
    d. Property Acquisition. Acquisition of property may be undertaken 
only under the conditions specified in Sections 407 and 409 of the Act.

2. Jurisdictional Responsibilities

    a. Reclamation Program Legal Requirements. The administering agency 
should make certain of compliance with all applicable Federal, State, 
Tribal, and local laws and coordination with the appropriate agencies 
as necessary.
    b. Environmental Evaluation Requirements. Compliance with the 
National Environmental Policy Act of 1969 (NEPA) is mandatory for every 
proposed AML reclamation project. Authorization by the Council on 
Environmental Quality (CEQ), at 40 CFR 1506.11, to abate emergency 
conditions without preparing an environmental document does not relieve 
us or the States/Tribes of the responsibility to complete consultation 
duties or obtain necessary permits in accordance with other Federal, 
State and local laws.
    (1) OSM and the States are authorized to act where emergency 
circumstances at the site require immediate abatement action if the 
environmental document cannot be completed prior to the initiation of 
action. The action taken must be limited to that necessary to control 
the immediate impacts of the emergency.
    (2) Actions which remain to be taken at the site of an emergency 
after the abatement of the immediate impacts require the preparation of 
an environmental document.
    c. Interstate Coordination Requirements. Where reclamation is 
proposed that may affect bordering States or other jurisdictional 
authorities, the administering agency should coordinate planning and 
implementation of these projects with those entities.

3. Selection Criteria (Non-Emergency)

    a. Reclamation Site Ranking. Procedures for selecting non-emergency 
sites for reclamation should use weighing factors to rank the proposed 
sites in accordance with priorities set in Section 403 of the Act. 
General instructions for determining the AML priority of a site are 
contained in the OSM Abandoned Mine Land Inventory Manual. Non-coal 
sites must comply with Section 409 or 411 as appropriate. Negative 
weights should be considered for adverse impacts resulting from the 
proposed project. Generally, reclamation of lower priority projects 
should not begin until all known higher priority projects have been 
completed, are in the process of being reclaimed, or have been approved 
for funding by the Secretary. Lower priority projects, or contiguous 
work, may be undertaken in conjunction with high priority projects in 
accordance with these guidelines.
    (1) The administering agency may give priority consideration to 
reclamation projects where:
    (a) The landowner(s) consent to participate in post reclamation 
maintenance activities of the area;
    (b) Reclamation provides many benefits to the landowner(s) and 
where those benefits have a greater cumulative value than other 
projects; and/or,
    (c) Reclamation provides offsite public benefits.
    b. Reclamation Considerations. The following items should be 
considered in determining whether a non-emergency site should be 
reclaimed.
    (1) The lands proposed for reclamation are eligible as defined by 
Section 404, 409, or 411 of the Act.

[[Page 31253]]

    (2) Problems associated with the site can be abated by using 
current available technology or horizon technology with a high 
probability of success to prevent or minimize present or future 
negative effects. When necessary to determine which technology is best 
suited to a particular problem area, test plots and/or field trials are 
allowed. Such activities are appropriate and do not constitute 
``research'' as prohibited by the Act.
    (3) Reclamation can be carried out in a manner that minimizes 
maintenance to achieve a self-sustaining reclamation solution. Self-
sustaining implies reclamation that is permanent and stable under the 
prevailing environmental and land-use conditions using current 
technology. Projects that require continuous maintenance and/or 
operating costs should be undertaken only if a commitment exists to 
bear these indefinite costs.
    (4) Reclamation activities can be planned in a manner that is cost 
effective and agreeable with the proposed post reclamation land use as 
intended by the landowner(s).
    (5) Reclamation activities and post reclamation land use is cost 
effective and agreeable with surrounding land uses, complies with 
local, State, Tribal, and Federal requirements, and is acceptable to 
the community involved.
    (6) If the project area is to be remined or developed in the 
foreseeable future and these activities will eliminate the adverse 
effects of past mining, reclamation should only be undertaken where the 
offsite adverse impacts from the affected area are so severe as to 
cause significant danger to public health and safety or to the 
environment if not abated before the proposed remining or development 
takes place.
    c. Reclamation Extent. The amount of reclamation performed on a 
site depends upon the priority, funding available, and technology 
available for reclaiming the site. When it is cost effective to do so, 
consideration should be given to lower priority problems in the 
reclamation plan when contracting for the elimination of a high 
priority problem. The original purpose of the reclamation should be to 
address the higher priority problems. Factors that should be considered 
in determining the amount of reclamation to be done at a site include 
the following:
    (1) The total area of affected land and water;
    (2) Uniformity/diversity of the problem(s) over the entire site;
    (3) Minimum reclamation needed to restore the site and additional 
low priority work needed, if any;
    (4) Availability of funds;
    (5) Cost effectiveness of the proposed work;
    (6) Proposed post reclamation land use;
    (7) Onsite, offsite, and multiple use benefits;
    (8) Post reclamation maintenance required and landowner 
participation in that maintenance;
    (9) Accommodating landowner(s) land use and treatment requests, if 
possible without incurring additional costs above that required for the 
minimum reclamation needed; and,
    (10) The possibility of remining.
    d. Cooperative Efforts. In addition to the landowner consent 
requirements described in Section B. Part 1 of these guidelines, a 
maintenance agreement between the administering agency and the 
landowner(s) may be included as part of the reclamation plan to make 
certain the continued success of the reclamation project. Estimated 
costs as well as financial and administrative responsibilities should 
be recognized in any agreement.
    e. Joint Projects. Joint undertakings between the administering 
agency and the landowner(s) or other local, State, Tribal, or Federal 
agencies are supported and encouraged.

4. Emergency Projects

    a. Authority for Emergency Reclamation. Authorities and 
requirements for rights of entry to carry out emergency reclamation 
projects are contained in Section 410 of the Act.
    b. Emergency Project Considerations.
    (1) Emergencies are unlike Priority 1 projects because their goal 
is to stabilize the problem and remove the danger to the public in a 
more rapid time frame. That is, they must be addressed sooner than the 
normal grants process would allow.
    (2) Justification for emergency action must be based on whether 
immediate action is crucial to remove the danger of harm to persons. 
The time element is referenced by the phrase ``before the danger can be 
abated under normal program operation procedures.'' This means the 
danger is imminent and time is not available for normal project 
contractual procedures.
    (3) A limited amount of non-emergency work may be conducted in 
conjunction with emergency abatement if such work is cost effective in 
reclaiming the entire project site.
    c. Emergency Project Examples. The following list shows examples of 
sudden situations with a high probability of causing substantial 
physical harm to the health, safety, and general welfare of people.
    (1) Subsidence suddenly occurring in or near populated areas or 
roadways.
    (2) Mine water ``blow-outs'' in or near highly used public areas.
    (3) Landslides caused by movement of spoil material or mass 
movement due to drainage or seepage from abandoned coal mines 
threatening to destroy homes and businesses or block roads and stream 
channels.
    (4) Actual or potential failure of unstable coal refuse 
impoundments, processing waste banks, or abandoned sediment control 
structures caused by unusual precipitation events significantly risking 
downstream populated areas.
    (5) Mine or coal refuse fires that harm the health or safety of 
residents in populated areas.
    d. Abatement Procedures.
    (1) Reclamation procedures are site specific and often cannot be 
determined until after onsite inspection and evaluation of the nature 
of the emergency, number of people affected, resources available, and 
existing time restrictions.
    (2) Emergency reclamation need not resemble final restoration. The 
goal of emergency reclamation is to stabilize the problem and remove 
the danger to the public. Additional reclamation, to fully reclaim the 
area, may be carried out under regular reclamation programs at a later 
date. Limited reclamation may also be performed in connection with 
emergency work if cost effective as noted above at Part 4.b.(3).

5. Incidental Recovery of Coal in Connection With Reclamation 
Activities

    a. Active Mining Permit Requirements. Coal which is removed from a 
government financed construction undertaken as an approved AML 
reclamation project and which is incidental to the project is exempt 
from Title V regulations in accordance with section 528 of the Act and 
30 CFR 707.5. Coal determined to be ``incidental'' to an approved AML 
reclamation project is that coal which is physically necessary to be 
removed in order to accomplish the reclamation of the project, i.e., 
necessary to address the site's identified health, safety, or 
environmental problems. If the AML contractor removes coal for sale or 
commercial use which has not been determined to be incidental to the 
project, the contractor must obtain a Title V permit for such coal.
    b. Disposition of incidental coal. Whenever coal is to be recovered 
incidental to an approved AML reclamation project in which the 
government contribution is less than 50 percent of the cost of 
reclamation, the

[[Page 31254]]

coal may be sold and the proceeds kept by the contractor.
    c. Substantial deposits of incidental coal. For AML reclamation 
sites with substantial deposits of incidental coal, we expect that AML 
contractors will reflect the anticipated sale or commercial use of such 
coal through a lowered project bid price. The lowered project bid price 
would, in turn, reduce the government's share of the total cost of the 
project. As a result, less public funding will be required for these 
sites to accomplish the same level of AML reclamation. By reducing the 
government's share of the cost of reclamation, AML money becomes 
available for other AML reclamation projects that would otherwise not 
be funded. The contractor makes a profit, the government saves money 
and B most important of all B additional abandoned sites that we could 
not afford to reclaim in the past are reclaimed.
    d. Optional participation. Undertaking AML projects that use less 
than 50 percent government-financing will not be mandatory for States 
or Indian Tribes; they may choose not to participate in this form of 
AML reclamation.

6. Abandoned Structures and Equipment

    a. Investigation and Report.
    (1) The administering agency should perform an onsite investigation 
of abandoned structures or equipment and encourage the landowner(s) to 
recover any salvage value by disposal before the start of any 
reclamation project.
    (2) Upon completion of the onsite investigation, a report must be 
prepared by the administering agency which addresses the following:
    (a) The type, quantity, age, and apparent condition of all 
abandoned structures or equipment;
    (b) The structural soundness, visual quality, historical 
significance, effect on proposed reclamation activities, and land uses 
in the area. The structural soundness of the structure should be 
evaluated in relation to public health, safety, general welfare, and 
the post reclamation;
    (c) The disposal or retention of the structures or equipment in 
accordance with local, State, Tribal and Federal laws; and,
    (d) The recommended methods to remove the safety hazards associated 
with structures or equipment that are retained on the reclaimed site.
    b. Ownership Rights. The landowner(s) may recover any salvage value 
by disposal of the abandoned structures or equipment prior to the 
initiation of any reclamation project. The administering agency is 
responsible for securing consent to dispose of or modify the abandoned 
structures or equipment not disposed of by the landowner(s).
    c. Disposal Revenues or Benefits. Any revenues or benefits received 
by the contractor from the sale or use of abandoned structures or 
equipment not disposed of by the landowner(s) should be used by the 
contractor to offset the cost of reclamation or deposited to the Fund 
pursuant to Section 401(b)(4) of the Act. All such revenue or benefits 
should be documented in the project file.

7. Borrow and Disposal Areas

    a. Site Selection. The borrow and disposal areas created by 
reclamation activities should be subject to and conducted in accordance 
with applicable local, State, Tribal, or Federal reclamation 
requirements. Borrow and disposal areas should be located on the site 
of the reclamation project, if possible. Offsite borrow and disposal 
areas should be used only when no onsite area is available and it is 
necessary to protect the health and safety of the public. In addition, 
offsite areas may be used if they provide an area more suitable for 
reclamation and less prone to constitute a hazard in itself, produce an 
improved land use, or protect the environment.
    b. Adverse Impacts. Adverse impacts of the selected areas should be 
minimized by disturbing the smallest possible area; providing adequate 
drainage, dust, and erosion control measures; protecting historic and 
cultural values; protecting visual esthetics; protecting fish and 
wildlife values; protecting the health and the safety of the community 
and the public; and reclaiming the borrow and disposal area after 
termination of the project.

8. Program and Project Evaluation

    a. General Evaluation Considerations. Reclamation activities are to 
be evaluated on a regular basis to determine the effectiveness of the 
program/project in reclaiming abandoned lands. The objective is to 
identify those abatement control methodologies that have been effective 
over time and those with demonstrated deficiencies that need to be 
improved or changed. Project evaluation measures the success or failure 
of the applied techniques while program evaluation determines the 
effectiveness of the overall program, including regulations and 
policies. Evaluation efforts include, but are not limited to, recording 
accomplishments, making onsite reviews before, during, and after 
reclamation, and analyzing fund management.
    b. Annual Evaluation Report. The administering agency will prepare 
a report on its findings and recommendations. Recommendations should be 
used to change program operations on future reclamation activities so 
that deficiencies will not recur. If requested, the report should be 
made available to other agencies in order to share information and 
improve the AML program nationwide.

9. Maintenance of Reclamation Work

    a. Planned Maintenance. Reclamation should be done in a manner to 
minimize or eliminate continued maintenance. Long term maintenance 
requirements should be identified during the planning and design 
stages. These requirements must be technically and economically 
possible and should be developed in cooperation with the landowner(s) 
and/or appropriate agencies through formal agreement. Maintenance plans 
should include maintenance requirements, inspection schedules, 
technical assistance needed, and funding requirements.
    b. Unplanned Maintenance. AML projects often involve conditions 
unforeseen during the design period that may affect the achievement of 
permanent reclamation and long term stability. Reclamation programs 
should develop and implement general policies for performing post 
construction monitoring to address unanticipated maintenance needs. The 
plan should include, at a minimum:
    (1) A plan for post construction monitoring of sites to determine 
maintenance needs;
    (2) A procedure for determining when and where not to perform 
additional maintenance when problems are identified in the field;
    (3) A procedure to determine when a site has reached long term 
stability, and that future monitoring is unnecessary, including a 
landowner notification policy;
    (4) A method for dealing with situations where landowner practices 
make future maintenance unproductive.

10. Non-Coal Projects

    a. Guideline Applicability. States and Indian tribes with approved 
reclamation plans may undertake non-coal reclamation projects under the 
specific provisions in Section 409 of the Act or after certification 
that all coal related problems have been reclaimed, as authorized in 
Section 411 of the Act.
    b. Priorities Under Section 409. Non-coal projects to be reclaimed 
under

[[Page 31255]]

Section 409 of the Act must be at the request of the Governor of the 
State or the governing body of an Indian tribe. They must comply with 
the priorities stated in Section 403(a)(1), except the term ``coal'' 
does not apply. The reclamation must be for the protection of public 
health, safety, general welfare, and property from extreme danger of 
adverse mining practices.
    c. Priorities Under Section 411. Non-coal projects to be reclaimed 
under Section 411 of the Act may not proceed until the State or Indian 
Tribe has certified that all coal problems have been resolved. Planning 
and design work for reclamation of non-coal projects may commence prior 
to completion of all coal projects.

C. Site Considerations

1. Mine Drainage

    a. General Considerations. The reclamation plan should attempt to 
minimize or control mine drainage and include procedures to treat 
impounded waters containing toxic materials before release. At-source 
control measures are preferred over long-term treatment methods to 
eliminate or minimize maintenance.
    b. At-Source Control Measures. Controlling or minimizing mine 
drainage at its source can be accomplished by any or all of the 
following techniques:
    (1) Mine-sealing techniques, including grout curtains and slurry 
trenching. Factors to be considered when planning to seal mines are the 
potential to develop hydrostatic heads, the accessibility of the area, 
and the integrity of the surrounding geologic formations;
    (2) Infiltration control and water diversion. Factors to be 
considered include topography, control of surface water, effects on 
ground water, the control of water passage through openings, and the 
storm event design; and/or,
    (3) Daylighting, the surface mining procedures and excavation 
processes used to expose underground mine works for partial or complete 
removal of the remaining mineral underlying the surface. Factors to be 
considered include the depth of overburden, marketability of the 
mineral, and safety measures.
    c. Treatment Measures. Secondary treatment of mine drainage can be 
carried out by the addition of neutralizing agents. Permanent treatment 
facilities should be designed to minimize operation and maintenance 
costs and should only be considered if no other means exists to abate 
the problem. Written assurance, from the landowner or any other 
interested party, should be obtained to assure that the treatment 
facilities will be maintained after appropriations for the Abandoned 
Mine Land Program cease.
    d. Coal Refuse Piles and Coal Waste Embankments. Methods of 
reclaiming land containing coal refuse, coal wastes, or abandoned 
workings include, but are not limited to:
    (1) Removing the coal refuse or coal waste to an environmentally 
acceptable site, subject to all appropriate approvals;
    (2) Burying the refuse or waste, diverting water away from or 
around the reclaimed area, whenever possible, or layering the refuse 
material with clay or other unpierceable material, when practical, to 
prevent water infiltration and contamination; and,
    (3) Treating the refuse pile in place by:
    (a) Diverting water around the coal refuse and/or waste;
    (b) Collecting and conveying drainage from the refuse pile for safe 
disposition (an approved water pollution control facility should be 
used if needed to meet quality standards);
    (c) Grading and contouring waste structures to drain water off the 
disposal site;
    (d) Covering the refuse with a suitable thickness of nontoxic or 
nonacid-forming material or treating the refuse with lime or other 
material to prevent acid or other toxic drainage; or
    (e) Any combination of the above treatments.

2. Active Slides and Slide-Prone Areas

    a. Site Evaluation Factors. Factors that should be considered on a 
case-by-case basis in the evaluation of slides or slide-prone areas 
include the following:
    (1) The topography of the ground surface as an indication of past 
landslide activity and potential instability. Topographic data 
collected should include contour maps at 2 to 5 foot intervals, surface 
drainage characteristics, locations of ponded surface water, and slope 
profiles;
    (2) The geology of the subsurface. Rock formations and geologic 
structures including folds, faults, joints, and shear zones, should be 
identified whenever possible. This information may be useful in 
comparing the landslide potential of various areas;
    (3) The soil or spoil material. Description of the slide-prone 
material should include its texture, permeability, and engineering 
properties as well as the related soil-rock ratios;
    (4) Ground water sources. Springs and seeps, dump areas, audits, 
auger holes, drill holes, and coal seams should be identified;
    (5) Vegetative cover. Vegetation will affect the stability of the 
slide or slide-prone area. Deep masses of roots may provide sufficient 
reinforcement to distort the geometry of the slide and trees with deep 
tap roots may curtail severe movement. Vegetative cover within a 
landslide area should be compared to that within the surrounding area 
and with that present at known landslide areas;
    (6) Other physical factors. These include timber coverage or lack 
of it on slopes, parent material and volume of spoil, proximity to 
other slides, or other data specific to the slide area which may be 
helpful in designing the best structural specifications for stabilizing 
the area; and,
    (7) U.S. Geological Survey slide-prone maps, U.S. Department of 
Agriculture soil maps, and other related data.
    b. Remedial Measures. Reclamation and stabilization of slide areas 
may be achieved by one or more of the following methods:
    (1) Removing unstable material or by terracing;
    (2) Installing surface and/or subsurface drainage such as rip-rap 
channels, french drains, pumping wells, etc;
    (3) Installing support and reinforcement systems such as retaining 
walls, gabions, vertical pilings, etc.; and,
    (4) Revegetation.

3. Erosion and Sedimentation

    a. Erosion and Sediment Control Considerations. Erosion and 
sediment control measures should be designed in accordance with 
Federal, State and local laws and should do the following:
    (1) Minimize erosion from the reclamation site and adjacent lands, 
minimize water pollution from sediment, acid drainage, and other toxic 
materials, and provide conditions suitable for the planned land use;
    (2) Maintain the soil resource within acceptable soil loss limits. 
Allowable sheet and rill erosion rates should be equal with the soil 
resulting from reclamation. Information relative to allowable soil loss 
limits may be obtained from the local Natural Resource Conservation 
Service office;
    (3) Expose the least amount of land at any one time, with the more 
hazardous areas exposed for the shortest time and during the season 
when extreme rainfall is least likely to occur;
    (4) Complete reclamation activities so revegetation can take place 
at the most advantageous time of year; and,

[[Page 31256]]

    (5) Control foot and vehicular traffic and grazing until vegetation 
is established.
    b. Erosion Control Practices. Well established vegetation is 
generally the most cost-effective means of erosion control. Other 
methods may include one or more of the following, in conjunction with 
vegetation, to achieve temporary and/or permanent erosion control.
    (1) Mulches may be used for temporary erosion control and in some 
cases stabilizing agents such as gravel, stone, and concrete blocks may 
be used for permanent protection.
    (2) Permanent structural measures may be used to turn runoff, 
reduce slope length, and provide for an effective runoff disposal 
system.
    (3) Temporary vegetation and/or structural measures may be needed 
for erosion control during reclamation. Provisions should be made to 
remove the temporary control measures and stabilize the area when they 
are no longer needed.
    c. Sediment Trapping Practices. When erosion controls are incapable 
of preventing excessive sediment buildup, either during reclamation or 
permanently, the excess sediment should be controlled to prevent 
offsite contamination.
    (1) Temporary sediment control measures such as filter strips, 
sediment traps, and sediment basins, should be stabilized and 
maintained during their planned life.
    (2) Permanent sediment basins should be maintained and the sediment 
removed when it accumulates to the design level. The use of permanent 
sediment basins should be minimized because of the continuing 
maintenance responsibility.

4. Vegetation

    a. Existing Vegetation Inventory and Evaluation. The administering 
agency should complete an inventory and evaluation of existing 
vegetation and site conditions prior to developing the design and 
specifications for a project. The permanent vegetation selected to 
cover the reclaimed mine land should be compatible with the site 
characteristics and the intended land use of the reclaimed and 
surrounding land and provide adequate erosion control.
    b. Vegetative Requirements. The vegetation portion of the project 
design and specifications should be developed considering the 
requirements itemized for each of the following cases.
    (1) In areas where the present plant species are inadequate or 
undesirable and only a change in vegetation is needed.
    (a) Necessary erosion and sediment control structures should be 
installed to protect the area from excessive erosion and sedimentation 
during the vegetation establishment period. Temporary vegetation may be 
used alone or in combination with a mulch or other stabilizing agent in 
accordance with the needs of the site.
    (b) The newly planted area should be protected from excessive use, 
especially livestock grazing, during the establishment period.
    (2) In areas where changes in topography and vegetation are needed.
    (a) Changes in topography should be made to improve esthetic 
aspects of the site, permit establishment of desirable vegetative 
cover, and insure compatibility with the planned land use.
    (b) Temporary vegetation should be used to protect stockpiles of 
soil materials for a short time or to provide temporary cover until the 
permanent vegetation is established.
    (3) In areas where the present spoil material is unsuited for 
vegetation the spoil material should be covered or replaced with 
material that will support the desired vegetation. If covering or 
replacement costs are prohibitive, attempts should be made to create a 
suitable plant growth medium upon which vegetation may be established.
    (4) In areas where alteration of the site to support vegetation is 
impractical, sediment should be confined to the immediate area, if 
feasible. Surface runoff should be treated to an acceptable level of 
quality before discharging offsite, if necessary.

5. Toxic Materials

    a. Sampling and Analysis Consideration. The administering agency 
should sample sites suspected of containing toxic materials. Chemical 
and/or physical analyses may include, but are not limited to:
    (1) pH (paste);
    (2) SMP Buffer (tests pH of solution prior to weathering);
    (3) Net acidity or alkalinity, or potential acidity;
    (4) Total sulfur (sulfate and sulfide);
    (5) Electrical conductivity (mmhos/cm);
    (6) NKP and USDA texture class when material is to be used as post-
reclamation plant growth medium;
    (7) Organic matter (quantity and type); and,
    (8) Visual and/or microscopic identification of potential toxic or 
acid forming minerals.
    b. Planning Considerations. The administering agency should 
consider the following items in their planning efforts on projects 
containing toxic materials:
    (1) Critical toxic limits;
    (2) Containment or segregation of toxic materials using sealed pits 
or embankments and/or covering the toxic materials with compacted clay 
or some other suitable material;
    (3) Site preparation, including grading, backfilling, 
scarification, and application of appropriate growing medium, chemical 
fertilizers, lime gypsum, mulches, or sludge;
    (4) Water management control, including surface and subsurface 
drainage, sediment control, and soluble toxic elements; and,
    (5) Necessary monitoring and required maintenance, if any.
    c. Sites Eligible Under the Comprehensive Environmental Response 
Compensation and Liability Act of 1980 (CERCLA). Abandoned mine land 
sites containing acid mine drainage or other toxic material may be 
eligible for clean-up under CERCLA, if included on the national 
priority list (NPL). Sites listed on the NPL are ineligible for AML 
funding.

6. Hydrologic Balance

    a. Planning Considerations. After identification of areas needing 
restoration of the hydrologic balance, the administering agency should 
consider the following items in their planning.
    (1) Evaluation of procedures needed to reduce or eliminate 
pollution to receiving surface and subsurface waters, including 
technical and economic constraints.
    (2) Potential beneficial and/or negative effects of proposed 
restoration activities on offsite hydrologic systems.
    (3) Post reclamation land use of the site and surrounding area.
    b. Surface-Water Considerations. Restoration of surface drainage 
should minimize erosion and maximize ecological stability. Factors to 
be considered include, but are not limited to:
    (1) Type of reconstruction materials to be used, stream gradient, 
fish and wildlife habitat, and compatibility with adjoining undisturbed 
surface drainage;
    (2) Use of the reclaimed area as a source of ground-water recharge 
and the potential for downstream flooding;
    (3) Feasibility of long-term, self-maintaining erosion control 
measures to enhance stream and flood plain stability; and,
    (4) Construction of water impoundments which do not adversely 
affect the restoration of the hydrologic balance and are in accordance 
with applicable local, State, Tribal, or Federal requirements.

[[Page 31257]]

    c. Ground-Water Considerations. Restoration of ground-water should 
be done in a manner that will not diminish or degrade water leaving the 
site. Factors to be considered include, but are not limited to:
    (1) Evaluation of the re-established water table, relative to the 
reclaimed land surface;
    (2) Evaluation of the ground-water recharge capacity, considering 
the underlying aquifers and backfill materials; and,
    (3) Identification of toxic and/or acid forming materials and 
procedures to eliminate or minimize contamination of the water table.

7. Public Health and Safety

    a. Dump Sites. Abandoned mine sites used as dumps are usually 
excellent breeding places for insect and vermin and could pose a hazard 
to public health. The presence of a dump in an abandoned mine site 
should not be considered the primary reason for reclamation, but may be 
considered in raising the site priority in the same objective category. 
Prior to any reclamation work on dumps, the local, State and/or Tribal 
agency should be encouraged to abate the problem under other existing 
authorities and consulted regarding proper disposal methods.
    b. Highwall Danger. Highwalls may create a significant danger to 
public health or safety when there is public use of the area above or 
below the highwall and/or there is evidence of sloughing that may 
damage structures or block roads and stream channels. Reclamation 
techniques include, but are not limited to:
    (1) Reducing the highwall height;
    (2) Backfilling and grading the highwall to a stable slope; or
    (3) Providing a physical barrier to limit accessibility and 
material movement.
    c. Mine Openings and Subsidence.
    (1) The administering agency should consider the following items 
when planning for subsidence control projects:
    (a) Exploratory drilling to determine the locations, size, and 
condition of abandoned underground mine openings with the potential to 
subside (except in emergencies);
    (b) Proximity to populated areas with high public use;
    (c) Notification to all local, State, and Tribal land use planning 
agencies of potential subsidence areas; and,
    (d) Restricting entry to mine openings by constructing physical 
barriers and/or fencing for emergency situations until the opening can 
be properly reclaimed.
    d. Radiation Emission. Where radiation constitutes a potential 
public health or safety problem, the administering agency should 
coordinate with other pertinent agencies prior to reclamation activity. 
Normally, this coordination is done during the development of the State 
reclamation standards for radiation.
    e. Domestic Water Supplies. Control measures designed to protect or 
restore domestic water supplies should consider the number of people 
affected, the type and concentration of pollutant(s), and the type and 
cost of control technology. Clean-up or restoration of domestic water 
supplies should be restricted to source control where possible.
    f. Surface and Underground Mine Fires. Only fires associated with 
abandoned mines or in virgin seams associated with other abandoned mine 
reclamation problems are eligible for Title IV funding.
    (1) Prior to initiating control or extinguishment efforts, geologic 
investigations should be carried out to determine the extent of the 
fire and the amount of remaining combustible material.
    (2) Reclamation design and procedures should include methods to 
control or eliminate hazardous gases, fumes, and other types of air 
pollution associated with the fire.
    g. Hazardous/Explosive Gases. Toxic gases, other than those 
associated with mine fires, may require site specific control or 
treatment procedures. For example, methane seeping into a residence 
must be vented and should be monitored for a reasonable amount of time 
to ensure the area is safe. Whenever possible gases should be vented or 
sealed off at their source.

8. Esthetics and Visual Values

    Reclaimed lands should, to the extent that it is feasible, conform 
to the visual aspects of the surrounding landscape. The reclamation 
design and procedures should take into consideration the proximity to 
public high use areas and the visual impact within the context of the 
viewing distance.
    a. Visual Degraders.
    The administering agency determines what conditions are visually 
degrading and should be considered for visual improvement. Visual 
degraders may include, but are not limited to, highwalls, erosion, 
discolored water, haul roads, refuse piles, slurry ponds, spoil piles, 
abandoned mining equipment and structures, garbage and refuse dumps, 
open pits, and deforestation.
    b. Esthetics Problem Solutions.
    Solutions for esthetic problems may involve removal of offensive 
material or condition, strategic placement of screening materials, and/
or the use of appropriate plant species. Guidelines and standards to 
evaluate visual resources developed by the U.S. Forest Service, Natural 
Resource Conservation Service, U.S. Bureau of Land Management, National 
Park Service, and other agencies should be adapted for use in 
evaluating and planning visual solutions.

9. Fish and Wildlife Values

    a. Project Identification Requirements. The administering agency 
should periodically provide a list of proposed and on-going abandoned 
mine land activities to the conservation or land management agencies 
with responsibilities for fish and wildlife or their habitats and 
should request pertinent information and suggestions from these 
agencies.
    b. Determining Fish and Wildlife Values and Goals. The 
administering agency should review information provided by the 
conservation and land management agencies with responsibilities for 
fish and wildlife or their habitats to determine the pre-reclamation 
fish and wildlife values of abandoned mine land sites. The 
administering agency should then determine the fish and wildlife goals 
for each project, in relation to that project's determined fish and 
wildlife values and the program priority objectives.
    c. Planning Considerations. The administering agency should 
encourage the consideration of fish and wildlife values in all 
reclamation activities, including those whose primary purposes for 
reclamation are related to public health, safety, or general welfare. 
If fish and wildlife values are determined to be among the goals of the 
reclamation efforts, the administering agency should incorporate them 
into the reclamation plan.
    d. Installing and Maintaining Established Fish and Wildlife Habitat 
Values. The administering agency should insure that all fish and 
wildlife measures contained in the selected plan are implemented and 
should encourage the landowner(s) to maintain them at or above the 
planned level.

10. Air Quality

    a. Air Quality Standards. All reclamation activities should be 
conducted in accordance with applicable local, State, Tribal, or 
Federal air quality standards.
    b. Coordination Requirements. Local, State, Tribal, or Federal air 
quality officials should be contacted prior to reclamation planning 
activities for requirements concerning air quality

[[Page 31258]]

permit procedures, applicable standards, and possible control measures.
    c. Air Quality Degradation and Improvement. Long-term air quality 
improvements that will result from reclamation should have priority 
over possible short-term air quality degradation caused by reclamation 
construction.

[FR Doc. 01-14580 Filed 6-8-01; 8:45 am]
BILLING CODE 4310-05-P


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