Federal Assistance Manual Chapter 4-40

CHAPTER 4-40 CHARACTERISTICS OF ACID MINE DRAINAGE FUND

• 4-40-00 Purpose
  
• 4-40-10 Policy
  
• 4-40-20 Plan Content and Approval

4-40-00 PURPOSE

This chapter provides procedures for the review and processing of funds for acid mine drainage abatement and treatment program authorized by the Abandoned Mine Reclamation Act of 1990 (Section 402(g)(7) of SMCRA).

As used in this chapter, "State" means a State orIndian Tribe with an approved AMLR plan.

4-40-10 POLICY

1. Of the funds granted annually pursuant to sections 402(g)(1) and402(g)(5) of SMCRA, a State may retain and deposit up to ten percent (10%) into either a special fund account established under law or an acid mine drainage fund (i.e., the sum of the deposits into both accounts may not exceed 10% of the (g)(1) and (g)(5) funds granted annually).

2. A State may establish an acid mine drainage abatement and treatment fund from which amounts (together with all interest earned on such amounts) are expended by the State to implement, in consultation with the Soil Conservation Service, acid mine drainage abatement and treatment plans approved by the Secretary. Such plans shall provide for the comprehensive abatement of the causes and treatment of the effects of acid mine drainage within qualified hydrologic units affected by coal mining practices.

3. All funds and interest received by the State under the set-aside program can be used to fulfill another Federal grant program's matching requirement, as long as the goals of the other Federal grant program are comparable to those of the setaside program.

4. Since OSM approval of each AMD Abatement and Treatment Plan is required by 402(g)(7)(C), that decision is a Federal action subject to NEPA compliance.

4-40-20 PLAN CONTENT AND APPROVAL

1. The plan shall include, but not be limited to, each of the following:
   1. An identification of the qualified hydrologic unit.

   2. The extent to which acid mine drainage is affecting the water quality and biological resources with the hydrologic unit.

   3. An identification of the sources of acid mine drainage within the hydrologic unit.

   4. An identification of individual projects and the measures proposed to be undertaken to abate and treat the causes or effects of acid mine drainage within the hydrologic unit.

   5. The cost of undertaking the proposed abatement and treatment measures.

   6. An identification of existing and proposed sources of funding for such measures.

   7. An analysis of the cost effectiveness and environmental benefits of abatement and treatment measures.

2. In approving the plans, the Director shall give priority to those plans which will be implemented in coordination with measures undertaken by the Department of Agriculture under § 406 of SMCRA.

FEDERAL ASSISTANCE MANUAL
January 2, 1998