CHAPTER 1

 

AUTHORITIES, DEFINITIONS AND GENERAL PROVISIONS

 

Section 1.Authority.

 

These rules and regulations are adopted by the Governor pursuant to the authority provided by W.S. 35-11-1207(a) (West 2007).

 

Section 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.

 

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

 

Section 3.Definitions applicable to the Mine Subsidence Insurance Program.

 

In addition to the definitions contained in W.S. 35-11-1301 (West 2007) the following definitions apply to the program:

 

(a)"Aggregate" means the total amount of funds available in the Mine Subsidence Insurance Program at any given time to pay for claims of which the Mine Subsidence Insurance Program has been notified and which are in the process of settlement.

 

(b)"Fair market" value means a value as determined by either the local tax assessor, an appraisal by a licensed appraiser, or a market analysis by a licensed realtor.

 

(c)"Fixture" means sidewalks, driveways, utilities and other physical improvements permanently affixed to the realty which enhance use and enjoyment of the realty which are either owned by or the responsibility of the insured, excluding land, trees, plants and crops.

 

(d)"Known subsidence areas" means lands beneath which m1rung has occurred and such mining has been documented in public records, or where there is physical evidence of subsidence.

 

(e) "Loss" means physical damage to a structure or the adverse effect to the utility of a structure as defined by W.S. 35-11-1301(a)(iii) (West 2007).

 

Section 4.General Provisions.

 

AML will:

 

(a)Make all determinations and findings which are required under the program in writing.

 

(b)When conducting mine subsidence mitigation:

 

(i)Coordinate activities with the Mine Subsidence Insurance Program and offer insurance to those properties identified under Chapter 7, Section 3 for the duration of the project in accordance with that Chapter. Failure of the property owner to accept the insurance will make them ineligible for consideration for repairs if in the event damage from subsidence occurs;

(ii)Undertake all reasonable and necessary steps to reclaim the land including single family lots; and

 

(iii)Repair any improvements to the land that AML has to remove or otherwise impact in the process of reclaiming and/or mitigating the subsidence. This provision is restricted to repairs to the improvements on the land that is being mitigated for subsidence.

 

(c)Submit thru the Director to the Governor a reclamation plan. This plan shall be updated and resubmitted at a minimum of every five years. The plan shall include:

 

(i)The proposed reclamation and costs of coal and noncoal hazards; and

 

(ii)An estimate the availability of funds to be devoted to the Public

Facilities Program described in Chapter 6.

Section 5.Public Records.

 

(a)These rules incorporate by reference the following rules and regulations, in effect as of September 6, 2016:

 

(i)Wyoming Department of Administration and Information, Director's Office, Chapter 2, Uniform Procedures, Fees, Costs, and Charges for Inspection, Copying, and Producing Public Records, available at https://rules.wyo.gov.

 

(b)These rules do not incorporate later amendments or editions of the incorporated matter.

 

(c)All incorporated matter is available for public inspection at the Department's Cheyenne office. Contact information for the Cheyenne Office may be obtained at http://deq.wyoming.gov or from (307) 777-7937.