Utah Admin. Code 643-884-100

Current through Bulletin 2024-23, December 1, 2024

Section R643-884-100 - Scope

The rules under R643-884 establish the procedures and requirements for the preparation, submission, and approval of the Reclamation Plan.

130. Content of Proposed State Reclamation Plan. The proposed Reclamation Plan will be submitted to the Director in writing and will include the following information:

131. A designation by the Governor for the Division to administer the Reclamation Program and to receive and administer grants under 30 CFR Part 886.

132. A legal opinion from the State Attorney General that the Division has the authority under state law to conduct the program.

133. A description of the policies and procedures to be followed by the Division in conducting the reclamation program, including:

133.100. The purposes of the Reclamation Program;

133.200. The specific criteria for ranking and identifying projects to be funded;

133.300. The coordination of reclamation work among the Abandoned Mine Reclamation Program and the Rural Land Reclamation Program administered by the Soil Conservation Service and OSM's reclamation programs; and

133.400. Policies and procedures regarding land acquisition, management, and disposal under R643- 879;

133.500. Policies and procedures regarding reclamation on private land under R643-882;

133.600. Policies and procedures regarding rights of entry under R643-877; and

133.700. Public participation and involvement in the preparation of the Reclamation Plan and in the Reclamation Program.

134. A description of the administrative and management structure to be used in conducting the reclamation program, including:

134.100. The organization of the Division and its relationship to other state organizations or officials that will participate in or augment the Division's reclamation capacity;

134.200. The personnel staffing policies which will govern the assignment of personnel to the Reclamation Program;

134.300. The purchasing and procurement systems to be used by the Division. Such systems will meet the requirements of Office of Management and Budget Circular No. A-102, Attachment O;

134.400. The accounting system to be used by the Division, including specific procedures for the operation of the Abandoned Mine Reclamation Account.

135. A general description, derived from available data, of the reclamation activities to be conducted under the Reclamation Plan, including the known or suspected eligible lands and waters within the state which require reclamation, including:

135.100. A map showing the general location of known or suspected eligible lands and waters;

135.200. A description of the problems occurring on these lands and waters;

135.300. How the plan proposes to address each of the problems occurring on these lands and waters;

135.400. How the land to be reclaimed relates to existing and planned uses of lands in surrounding areas.

136. A general description, derived from available data, of the conditions prevailing in the different geographic areas of the state where reclamation is planned, including:

136.100. The economic base;

136.200. Significant esthetic, historic or cultural, and recreational values; and

136.300. Endangered and threatened plant, fish, and wildlife and their habitats.

150. State Reclamation Plan Amendment. The Division may, at any time, submit to the Director a proposed amendment or revision to its approved Reclamation Plan. If the amendment or revision changes the objectives, scope, or major policies followed by the Division in the conduct of its reclamation program, the Division will include a description of the extent of public involvement in the preparation of the amendment or revision.

170. Impact Assistance. The Reclamation Plan may provide for construction of specific public facilities in communities impacted by coal development. This form of assistance is available when the Governor has certified, and the Director has concurred that:

171. All reclamation with respect to past coal mining and with respect to the mining of other minerals and materials has been accomplished;

172. The specific public facilities are required as a result of coal development; and

173. Impact funds which may be available under the Federal Mineral Leasing Act of 1920, as amended, or the act of October 20, 1978, Pub. L. 94-565 (9 Stat. 2662) are inadequate for such construction.

Utah Admin. Code R643-884-100