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Oklahoma Abandoned Mine Lands Performance Agreement |
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I. INTRODUCTION The primary objective of the national Abandoned Mine Land (AML) program is to mitigate the effects of past mining by aggressively pursuing the reclamation of abandoned mines, with a primary emphasis on correcting the most serious problems affecting public health, safety, property, and the general welfare. The Office of Surface Mining (OSM) and the State programs share the responsibility for achieving the goals of the program. OSM, on behalf of the Secretary of the Interior, administers the Abandoned Mine Reclamation Fund, provides grants to the State for program operation, monitors the progress and quality of the program, and responds to emergency situations resulting from historic coal mining activities. On January 19, 1981, the Secretary of the Interior approved Oklahoma's abandoned mine land reclamation plan under Title IV of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). This approval allows the State of Oklahoma, through the Oklahoma Conservation Commission (OCC), exclusive responsibility and authority to operate the AML Program. Oklahoma's approved State Reclamation Plan outlines the authority, policy and procedures by which the State shall operate this Program. OCC, Division of Abandoned Mine Lands, is responsible for implementation of this plan. II. PURPOSE OF AGREEMENT This agreement is developed in accordance with the OSM Directive AML-22, Evaluation of State and Tribal Abandoned Mine Land Programs. OSM's Tulsa Field Office (TFO) is responsible for monitoring the performance of the Oklahoma AML Reclamation Program. TFO staff, with assistance from other OSM offices as necessary, will perform the State AML program evaluations. This agreement sets forth the principles of excellence which will be used to conduct enhancement and performance reviews (EPR). EPR's are intended to assist the state in the administration, implementation, and maintenance of its approved reclamation programs to ensure that the provisions of SMCRA and the implementing regulations are met. This agreement incorporates three principles of excellence that support the concept of excellence in reclamation, along with performance measures that can be used to determine whether the programs are meeting the principles. III. RESPONSIBILITIES The State and OSM agree to accomplish their shared mission by agreeing to the following responsibilities of each party: The State will: 1. Actively pursue implementation of the AML program while adhering to its approved program, State and Federal laws and regulations. 2. Collaborate with OSM to resolve issues of concern. The State agrees to promptly notify OSM of any AML problems or issues that may arise. 3. Assist OSM with data and information required to satisfy general information requests of OSM and others. Information requests will be screened to ensure that it is needed and in the best interest of OSM and the State to accomplish. 4. Advise OSM of technical and educational needs. 5. Comment on OSM's draft Annual Evaluation Report. 6. Utilize, where possible, innovative approaches to managerial efficiency, problem resolution, environmental protection, and extraordinary achievements in program implementation. OSM will: 1. Actively participate with the State in implementation of its AML program. 2. Provide technical and educational assistance to the State, including, upon request, expertise from the Federal government or other sources when possible. 3. Provide timely and consistent response to requests from the State concerning grants, financial, and programmatic questions. 4. Provide assistance for complying with all Federal laws and regulations. 5. Collaborate with the State to resolve issues of concern. OSM agrees to promptly notify the State of any issues that may arise. 6. Prepare and distribute the Annual Evaluation Report in accordance with AML-22. 7. Recognize, through annual reports and other means, innovative State approaches to managerial efficiency, problem resolution, environmental protection, and extraordinary achievements in program implementation. IV. PRINCIPLES OF EXCELLENCE FOR ENHANCEMENT AND PERFORMANCE REVIEWS These principles support the concept of excellence in reclamation, along with performance measures which can be used to determine the degree to which programs are meeting the principles: 1. The State's on-the-ground reclamation is successful. Performance measures: A. Does completed reclamation meet the goals of the project? B. Is reclamation successful on a long-term basis? 2. The State must have an approved reclamation plan which meets the requirements of Federal laws and regulations and must conduct reclamation in accordance with its plan. Performance measures: A. Does the current plan meet the requirements of SMCRA, the regulations and other applicable laws? Does the State AML program work cooperatively with OSM to establish a schedule and make necessary changes to the plan? B. Does the State AML program comply with OSM Directive AML-1 (AML Inventory)? C. Does the State AML program comply with its plan for project ranking and selection? D. Does the State AML program follow the realty requirements of the plan? E. Are the State contracting procedures being followed? F. Does the State AML program perform the AVS check as required on the successful bidder at the time of contract award? G. Does the State AML program comply with NEPA as required? 3. AML Topics for Review in 1998 A. State's on-the-ground reclamation is successful. Evaluation Parameters: Do completed reclamation projects meet the requirements of the AML program? Procedure: This evaluation will include review of OCC project files and site inspection. Not less than two completed projects and one in progress will be reviewed. The review will include comparing work identified in the approved grant with completed projects and active projects. Schedule: A schedule for site visits and file reviews will be coordinated with OCC in order not to interrupt the work schedule. B. The State must have an approved reclamation plan which meets the requirements of Federal laws and regulations and must conduct reclamation in accordance with its plan. Evaluation Parameters: Does the State AML program comply with NEPA as required? Is construction completed on schedule (within the performance period)? Are the final costs of the project, as compared to the program's original estimates, appropriately documented and supported? Are projects completed in an environmentally sound manner and in compliance with all State and Federal statutory and regulatory requirements to minimize both short- and long-term effects? Are measures to control sedimentation, water pollution, enhance wildlife or other natural resources values effective. Did the State obtain all necessary permits in a timely manner, to include those pertaining to historic preservation, wetlands preservation and restoration and storm water discharge? Procedure: Review OCC files to identify actions dealing with environmental requirements for short-term and long-term effects. OCC's coordinating activities will be compared to its approved AML plan. The standard for the review will be Oklahoma's approved AML plan, SMCRA and 30 CFR Part 882. The review will include not less than three completed projects. Schedule: File reviews will be coordinated with OCC in order not to disrupt the work schedule. V. AGREEMENT This agreement covers activities beginning October 1, 1997. The agreement may be amended in writing at any time through the mutual agreement of the parties. This agreement may be terminated in whole or in part in writing by either party. However, no such termination shall be effected until the parties have attempted to resolve any disagreement. Michael C. Wolfrom Date Mason Mungle Date Director Executive Director Tulsa Field Office Oklahoma Conservation Commission Office of Surface Mining