Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Abandoned Mine Reclamation Fund"
means the fund established by the State for the purpose of accounting for moneys granted by the Director of the Office of Surface Mining under an approved State Abandoned Mine Land Reclamation Program and other moneys authorized by these rules to be deposited in the Abandoned Mine Reclamation Fund.
"Certified in lieu funds"
means moneys that the Office distributes to the Commission in lieu of moneys allocated to the Commission's State share of the Fund after October 1, 2007. Certified in lieu of funds come from general funds of the United States Treasury that are otherwise unappropriated.
"Code"
means the Code of Federal Regulations (CFR).
"Commission"
means the Oklahoma Conservation Commission as created by the Conservation District Act of 1971.
"Conservation District"
means a governmental subdivision of this State, and a public body corporate and politic organized in accordance with the provisions of the Conservation District Act of 1971.
"Director"
means the Director of the Office of Surface Mining, United States Department of the Interior.
"Eligible Land and Water"
means those lands and waters that are eligible, under the criteria outlined in Section 155:15-1-5, for reclamation activities.
"Emergency"
means a sudden danger or impairment that presents 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 operation procedures.
"Extreme Danger"
means a condition that could reasonably be expected to cause substantial physical harm to persons, property, or the environment and to which persons or improvements on real property are currently exposed.
"Fund"
means the Abandoned Mine Reclamation Fund established on the books of the U.S. Treasury for the purpose of accumulating revenues designated for reclamation of abandoned mine lands and other activities authorized by Section 401 of the SMCRA.
"Historic coal funds"
are moneys provided under Section 402(g)(5) of SMCRA based on the amount of coal produced before August 3, 1977 in which Oklahoma has an interest. The Office can reallocate historic coal funds from other states and tribes.
"Make up funds"
are additional moneys the Office distributes each Federal fiscal year to the Commission to make up the difference between the total distribution of other funds and $3 million.
"Office"
means the Office of Surface Mining of the United States Department of the Interior.
"Permanent facilities"
means any structure that is built, installed, or established to serve a particular purpose or any manipulation or modification of the site that is designed to remain after the reclamation activity is completed, such as a relocated stream channel or diversion ditch.
"Plan"
or
"State Abandoned Mine Land Reclamation Plan"
means the plan submitted by the Commission to the Office for the reclamation of land and water adversely affected by past coal mining activities.
"Prior balance replacement funds"
means moneys that the Office must distribute to the Commission instead of moneys the Office allocated to the Commission's State share of the Fund before October 1, 2007, but did not distribute to the Commission because Congress did not appropriate them. Prior balance replacement funds come from the U.S. Treasury that are otherwise unappropriated. Under section 411(h)(1) of the SMCRA, the Office distributes prior balance replacement funds to the Commission for seven years starting in the Federal fiscal year beginning October 1, 2008.
"Program"
or
"Oklahoma Abandoned Mine Land Reclamation Program"
means the program established by the State for the reclamation of land and water adversely affected by past coal mining, operated under the provisions of the State Abandoned Mine Land Reclamation Plan including annual application for grants under the State Plan.
"Secretary"
means the Secretary of the United States Department of the Interior.
"SMCRA"
means the Surface Mining Control and Reclamation Act of 1977.
"State share funds"
are moneys the Office distributes to the Commission from the State share of the Fund each Federal fiscal year under Section 402(g)(1)(A) of the SMCRA.
Amended at 12 Ok Reg 3480, eff 9-11-95; Amended at 27 Ok Reg 2473, eff 8-2-10