SECTION 155:15-1-5. Eligible lands and water

(a)   Coal mined lands and associated waters are eligible for reclamation activities if:

(1)   They were mined or affected by mining processes before August 3, 1977; and

(2)   They were left or abandoned either unreclaimed or inadequately reclaimed; and

(3)   There is no continuing responsibility for reclamation by the operator, permittee, or agent of the permittee under statutes of the State or Federal Government, or 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. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, additional moneys from the Fund or any prior balance replacement funds maybe used; and

(4)   There is a continuing condition that substantially degrades the quality of the environment, prevents or damages the beneficial use of the land or water resources, or endangers the health or safety of the public.

(b)   Notwithstanding subsection (a) of this section, coal lands and waters in a State or on Indian lands damaged and abandoned after August 3, 1977, by coal mining processes are also eligible for funding if the Secretary finds in writing that:

(1)   They were mined for coal or affected by coal mining processes; and

(2)   The mining occurred and the site was left in either an unreclaimed or inadequately reclaimed condition between August 4, 1977, and ending

(A)   on or before January 19, 1981, and that any funds for reclamation or abatement that are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or

(B)   on November 5, 1990, and that the surety of the mining operator became insolvent during such period and that, as of November 5, 1990, funds immediately available from proceedings relating to such insolvency or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site; and

(3)   The site qualifies as a priority one or two pursuant to section 403(a)(1) and (2) of SMCRA. Priority will be given to those sites that are in the immediate vicinity of a residential area or that have an adverse economic impact upon a community.

(c)   If reclamation of a site covered by an interim or permanent program permit is carried out under the Program, the permittee of the site shall reimburse the Fund for the cost of reclamation that is in excess of any bond forfeited to ensure reclamation. Neither the Secretary nor the Commission performing reclamation under subsection (b) of this Section shall be held liable for any violations of any performance standards or reclamation requirements specified in Title V of SMCRA nor shall a reclamation activity undertaken on such lands or waters be held to any standards set forth in Title V of SMCRA.

(d)   Surface coal mining operations on lands eligible for remining pursuant to Section 404 of SMCRA shall not affect the eligibility of such lands for reclamation activities after the release of the bonds or deposits posted by any such operation. If the bond or deposit for a surface coal mining operation on lands eligible for remining is forfeited, funds may be used if the amount of such bond or deposit is not sufficient to provide for adequate reclamation or abatement, except that if conditions warrant, the Secretary shall immediately exercise his/her authority under Section 410 of SMCRA.

(e)   The Commission may expend funds made available under paragraphs 402(g)(1) and (5) of the SMCRA and prior balance replacement funds under section 411(h)(1) of the SMCRA for the reclamation and abatement of any site eligible under paragraph (b) of this Section, if the Commission, with the concurrence of the Secretary, makes the findings required in paragraph (b) of this Section and the Commission determines that the reclamation priority of the site is the same or more urgent than the reclamation priority for the lands and water eligible under paragraph (a) of this Section that qualify as a Priority 1 of 2 site under section 403(a) of the SMCRA.

(f)   With respect to lands eligible under paragraph (b) or (e) of this Section, moneys available from sources outside the Fund or that are ultimately recovered from responsible parties must either be used to offset the cost of the reclamation or transferred to the Fund if not required for further reclamation activities at the permitted site.

[Source: Amended at 12 Ok Reg 3480, eff 9-11-95; Amended at 27 Ok Reg 2473, eff 8-2-10]