| (a) General. Surface land areas affected by mining
activities shall be restored in a timely manner:
(1) to conditions that are capable of supporting the
uses which they were capable of supporting before any mining; or
(2) to higher or better uses achievable under criteria
and procedures of this section.
(b) Determining premining use of land. The premining
uses of land to which the postmining land use is compared shall be
those uses which the land previously supported, if the land had not
been previously mined and had been properly managed.
(1) The postmining land use for land that has been
previously mined and not reclaimed shall be judged on the basis of
the highest and best use that can be achieved and is compatible with
surrounding areas.
(2) The postmining land use for land that has received
improper management shall be judged on the basis of the premining
use of surrounding lands that have received proper management.
(3) If the premining use of the land was changed within
5 years of the beginning of mining, the comparison of postmining use
to premining use shall include a comparison with the historic use
of the land as well as its use immediately preceding mining.
(c) Prior to the release of lands from the permit area
in accordance with §12.313 of this title (relating to Criteria
and Schedule for Release of Performance Bond), the permit area shall
be restored in a timely manner, either to conditions capable of supporting
the uses they were capable of supporting before any mining or to conditions
capable of supporting approved alternative land uses. Alternative
land uses may be approved by the Commission after consultation with
the landowner or the land management agency having jurisdiction over
the lands, if the following criteria are met:
(1) the proposed postmining land use is compatible
with adjacent land use and, where applicable, with existing local,
state, or federal land-use policies and plans; a written statement
of the views of the authorities with statutory responsibilities for
land-use policies and plans shall have been submitted to the Commission
within 60 days of notice by the Commission before underground mining
activities begin. Any required approval of local, state, or federal
land-management agencies, including any necessary zoning or other
changes required for the land use, shall have been obtained and shall
remain valid throughout the underground mining activities;
(2) specific plans shall be prepared and submitted
to the Commission which show the feasibility of the postmining land
use as related to projected land-use trends and markets, and that
include a schedule showing how the proposed use will be developed
and achieved within a reasonable time after mining and be sustained.
The Commission may require appropriate demonstrations to show that
the planned procedures are feasible, reasonable, and integrated with
mining and reclamation, and that the plans will result in successful
reclamation;
(3) provision of any necessary public facilities shall
be ensured as evidenced by letters of commitment from parties other
than the person who conducts underground mining activities, as appropriate,
to provide them in a manner compatible with the plans submitted under §12.189
of this title (relating to Reclamation Plan: Postmining Land Uses).
The letters shall be submitted to the Commission before underground
mining activities begin;
(4) specific and feasible plans are submitted to the
Commission which show that financing and attainment and maintenance
of the postmining land use are feasible and, if appropriate, are supported
by letters of commitment from parties other than the person who conducts
the underground mining activities;
(5) plans for the postmining land use shall have been
designed under the general supervision of a qualified professional
engineer, or other appropriate professional, who will ensure that
the plans conform to applicable accepted standards for adequate land
stability, drainage, vegetative cover, and aesthetic design appropriate
for the postmining use of the site;
(6) the proposed use or uses will present neither actual
nor probable hazard to public health or safety, nor will they pose
any actual or probable threat of water flow-diminution or pollution;
(7) the use or uses will not involve unreasonable delays
in reclamation;
(8) necessary approval of measures to prevent or mitigate
adverse effects on fish, wildlife, and related environmental values
and threatened or endangered plants shall have been obtained from
the Commission, and appropriate state and federal fish and wildlife
management agencies have been provided a 60-day period in which to
review the plan before underground mining activities begin; and
(9) proposals to change premining land uses of range,
fish and wildlife habitat, forestland, hayland, or pasture to a postmining
cropland use, where the cropland would require continuous maintenance
such as seeding, plowing, cultivation, fertilization, or other similar
practices to be practicable or to comply with applicable federal,
state, and local laws, have been reviewed by the Commission to ensure
that:
(A) there is a firm written commitment by the person
who conducts underground mining activities or by the landowner or
land manager to provide sufficient crop management after release of
applicable performance bonds under Subchapter J of this Chapter (relating
to Bond and Insurance Requirements for Surface Coal Mining and Reclamation
Operations) and §§12.555-12.560 of this title (relating
to Revegetation: General Requirements, to Revegetation: Use of Introduced
Species, to Revegetation: Timing, to Revegetation: Mulching and Other
Soil Stabilizing Practices, to Revegetation: Grazing, and to Revegetation:
Standards for Success), to assure that the proposed postmining cropland
use remains practical and reasonable;
(B) there is sufficient water available and committed
to maintain crop production; and
(C) topsoil quality and depth are sufficient to support
the proposed use.
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