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f <br />~,_ <br />~~-~~ • • <br />Guidelines for <br />Federal Lands Review Assistance <br />by State Regulatory Authorities <br />Under section 522(b) of SMCRA, the Secretary of the Interior must conduct a <br />review of Federal lands to determine, pursuant to the standards set forth in <br />sections 522(a)(2) and 522(a)(3) of SMCRA, whether there are areas on <br />Federal lands that are unsuitable for all or certain types of surface coal <br />mining operations. OSMRE is responsible for making the findings that the <br />Federal lands within the permit area are not unsuitable for mining pursuant <br />to section 522(b) of SMCRA. For Federal coal leases issued after July 19, <br />1979, promulgation of the Bureau of Land Management (BLM) unsuitability <br />criteria regulations (43 Subpart 34b1), BLM will have conducted the Federal <br />lands review during the leasing process. However, for Federal coal leases <br />issued on or before July 19, 1979, BLM will not have conducted the Federal <br />lands review during the leasing process; therefore, the review must be <br />conducted during the permitting and mining plan approval process. <br />Section 522(a)(2) of SMCRA requires that reclamation must be technologically <br />and econamically feasible. OSMRE reviews the operation and reclamation plan <br />portion of the permit application package (PAP), and reviews the finding of <br />the State regulatory authority (RA) that reclamation, as required by the <br />State program approved pursuant to SMCRA, can be accomplished under the <br />reclamation plan contained in the PAP. This review, assuming concurrence <br />with the State RA's analysis, is sufficient to determine that reclamation is <br />technologically feasible. <br />OSMRE also reviews the State RA's analysis of reclamation costs determined <br />for the bonding requirement. As a result of this review again assuming <br />concurrence with the State RA's analysis, OSMRE can determine that the <br />reclamation as proposed in the PAP is economically feasible. Thus, it is <br />important that the decision package prepared by the State RA for OSMRE <br />include the State RA's analysis of reclamation costs determined for the <br />bonding requirement, as well as the finding and supporting documentation <br />that reclamation can be accomplished under the reclamation plan contained in <br />the PAP. <br />Section 522(a)(3) of SMCRA states that ". a surface area may be <br />designated unsuitable for Certain types of surface coal mining operations if <br />such operations will: <br />(A) be incompatible with existing State or local land use plans or <br />programs; or <br />(B) affect fragile or historic lands in which such operations could <br />result in significant damage to important historic, cultural, <br />scientific, and esthetic values and natural systems; or <br />(C) affect renewable resource lands in which such operations could <br />result in a substantial loss or reduction of long-range productivity of <br />water supply or of food or fiber products, and such lands to include <br />aquifers and aquifer recharge areas; or <br />