Oklahoma Administrative Code
Title 155 - Oklahoma Conservation Commission
Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program
Section 155:15-1-5 - Eligible lands and water
Current through Vol. 41, No. 13, March 15, 2024
(a) Coal mined lands and associated waters are eligible for reclamation activities if:
(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:
(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.
Amended at 12 Ok Reg 3480, eff 9-11-95; Amended at 27 Ok Reg 2473, eff 8-2-10