020-1 Wyo. Code R. § 1-2

Current through April 27, 2019

Section 1-2 - Definitions (applicable to AML Division)

(a) "Adversely affected" means a harmful or unfavorable impact that can be directly connected to mining or mining practices.

(b) "Appraisal" means an appraisal which meets the quality of practices found in the handbook on "Uniform Appraisal Standards for Federal Land Acquisitions" (Interagency Land Acquisition Conference 2000).

(c) "Certified In Lieu Funds" means:

• (i) Those moneys distributed to the state by the Office of Surface Mining from the general funds of the United States Treasury in lieu of moneys allocated to the state share of the Fund from AML fees collected after October 1 2007.

• (ii) Certified In Lieu Funds are separate and distinct from the Prior Balance Replacement Funds that are distributed by the Office of Surface Mining from the balance owed the state from AML fees collected prior to October 1, 2007 but were not appropriated by Congress to be returned to the state.

• (iii) Certified In Lieu Funds are not restricted in their use but priority shall be given to the eligible reclamation and remediation categories listed in Chapter 5 with eligible coal sites given priority over other projects.

(d) "Competitive bidding" means, at a minimum:

• (i) Publication of a notice once a week for four weeks in a local newspaper, describing the land to be sold and stating the appraised value, any applicable restrictive covenants, and the time and place of the sale; and

• (ii) Provisions for sealed bids to be submitted prior to the sale date followed by an oral auction open to the public.

(e) "Continuing reclamation responsibility'' means responsibility for reclamation by the operator, permittee, or agent of the permittee, or by the state as a result of bond forfeiture. Bond forfeiture will render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation.

(f) "Emergency" means a sudden danger or impairment that presents a high probability of substantial physical harm to the health, safety, or general welfare of the people before the danger can be abated under normal program operation procedures. This shall be supported by a written finding from the Director.

(g) "Enhancement" means improvements necessary to meet local, state or federal public health, safety or standard operations requirements but does not include areal expansions, additions or substitutions.

(h) "Left or abandoned in either an unreclaimed or inadequately reclaimed condition" means:

• (i) Lands where all mining processes ceased and no permit existed as of August 3, 1977, (lands and waters affected by mineral mining and processing practices and under the jurisdiction of the Forest Service shall utilize the effective date of August 28, 1974, whereas lands and waters under the jurisdiction of the Bureau of Land Management shall utilize the effective date of November 26, 1980) or as a result of bond forfeiture where the forfeited bond is insufficient to pay the total cost of reclamation; and

• (ii) Lands or water which continue in their present condition to substantially degrade the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public.

(i) "Mineral" means clays, stone, sand, gravel, metalliferous and nonmetalliferous ores, and any solid material or substance extracted in solid form from natural deposits on or in the earth, excluding coal and those minerals which occur naturally in liquid or gaseous form, such as oil and gas development and production.

(j) "Prior Balance Replacement Funds" means:

• (i) The state share of the AML Fees collected before October 1, 2007 but were not paid to the State because Congress did not appropriate them;

• (ii) The moneys are distributed to the State in seven equal payments starting in the Federal fiscal year beginning October 1, 2007; and

• (iii) The funds may only be used for those purposes the State legislature establishes giving priority to addressing the impacts of mineral development.

(k) "Program" means the State Abandoned Mine Reclamation Program established in accordance with title IV of P.L. 95-87 by W.S. 35-11-1201 through 1207 (West 2007), including the State Reclamation Plan and annual projects to carry out the purposes of the program.

(l) "Reclamation" means, for the purpose of the division, restoration, reclamation, abatement, control or prevention of adverse effects of mining.

020-1 Wyo. Code R. § 1-2

Amended, Eff. 6/29/2018.