(a) Reclamation projects should be accomplished in
accordance with OSMRE's "Final Guidelines for Reclamation Programs
and Projects" (66 Federal Register 31250,
June 11, 2001).
(b) Reclamation project expenditures shall reflect
the priorities of Section 403(a) of the Federal Act in the order stated:
(1) Priority 1: The protection of public health, safety,
and property from extreme danger of adverse effects of coal mining
practices, including the restoration of land and water resources and
the environment that:
(A) have been degraded by the adverse effects of coal
mining practices; and
(B) are adjacent to a site that has been or will be
addressed to protect the public health, safety, and property from
extreme danger of adverse effects of coal mining practices.
(2) Priority 2: The protection of public health and
safety from adverse effects of coal mining practices, including the
restoration of land and water resources and the environment that:
(A) have been degraded by the adverse effects of coal
mining practices; and
(B) are adjacent to a site that has been or will be
addressed to protect the public health and safety from adverse effects
of coal mining practices.
(3) Priority 3: The restoration of land and water resources
and the environment previously degraded by adverse effects of coal
mining practices, including measures for the conservation and development
of soil, water (excluding channelization), woodland, fish and wildlife,
recreation resources, and agricultural productivity. Priority 3 land
and water resources that are geographically contiguous with existing
or remediated Priority 1 or 2 problems will be considered adjacent
under paragraphs (1)(B) or (2)(B) of this subsection.
(c) Generally, projects lower than a Priority 2 should
not be undertaken until all known higher priority coal projects either
have been accomplished, are in the process of being reclaimed, or
have been approved for funding by the Secretary, except in those instances
where such lower priority projects may be undertaken in conjunction
with a Priority 1 or 2 site in accordance with OSMRE's "Final Guidelines
for Reclamation Programs and Projects."
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