Current through Register Vol. XLI, No. 44, November 1, 2024
Section 38-2D-3 - Abandoned Mine Reclamation Funds3.1. Objectives. The objectives of this section are to provide an overview of the Abandoned Mine Land Reclamation Program responsibilities and to provide detailed procedures for administration of the Abandoned Mine Reclamation Fund.3.2. Responsibilities. (a) The West Virginia Division of Environmental Protection is responsible for administration of the Abandoned Mine Reclamation Fund and Abandoned Mine Land Reclamation Program for the state of west Virginia.(b) The West Virginia Division of Environmental Protection is responsible for: (1) Conducting reclamation activities where work is performed by the Division using the funds available from the Office of Surface Mining Reclamation and Enforcement:(2) Preparing and submitting a state reclamation plan to the office of surface Mining Reclamation and Enforcement for the Abandoned Mine Land Reclamation Program;(3) Submitting annual applications for grants, including descriptions of proposed projects;(4) submitting requests to the Office of Surface Mining Reclamation and Enforcement for work to be done on non-coal mined lands,(5) Submitting requests to the Office of surface Mining and Enforcement for construction of specific facilities in communities impacted by coal development;(6) Conducting reclamation work in accordance with grant agreements;(7) consulting with state and federal agencies as necessary and developing cooperative agreement; with the appropriate surface management agency when state or federal lands are considered for inclusion in a state reclamation program; and(8) Submitting reports annually to the office of surface Mining Reclamation and Enforcement describing progress on previously funded projects.3.3Abandoned Mine Reclamation Fund.(a) Revenue to the fund shall include all sources collected by OSMRE under Public Law 95-87.(b) Monies deposited in the fund and appropriated by the Congress shall be used for the following purpose: (1) An amount not exceeding ten percent (10%) of the reclamation fees collected each quarter, up to a maximum of ten million dollars ($10,000,000) each year, shall be used to finance the Small Operator Assistance Program.(2) An amount equal to fifty percent (50%) of the reclamation fees collected from within West Virginia shall be allocated at the end of the fiscal year in which they are collected for use in West Virginia under an approved state reclamation plan.(3) An amount not exceeding twenty percent (20%) of the moneys deposited in the fund annually may be transferred to the Secretary of Agriculture to carry out the Rural Lands Reclamation Program.(4) All amounts not used for the above purposes shall be available to the OSMRE for the following purposes.(A) Acquisition, reclamation, and restoration of land and water resources adversely affected by past coal mining.(B) Filling of voids and sealing of tunnels, shafts, and entryways and the reclamation of the adverse surface impacts of underground or surface mining for other minerals and materials, including, acquisition of land and water if required. This work shall be done only with those moneys allocated or available for allocation to a state under OSMRE criteria and at the request of the Governor of the State of West Virginia.(C) contract for studies with public or private organizations to provide information, advice, or technical assistance, including research, development, and demonstration projects.(D) Reclamation fee collection activities and other administrative expenses necessary to accomplish the purposes of Title IV of the Act, Public Law 95-87.(E) Reclamation grants to West Virginia in excess of amounts provided under paragraph (b), (2) of this section.(F) Cooperative projects to compile information required for the preparation of West Virginia reclamation plans, as specified. This work shall be done only with those moneys allocated or available for allocation to West Virginia and at the request of the Governor of west Virginia.