020-1 Wyo. Code R. §§ 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.
Notes
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No prior version found.