2012-03-30_REVISION - C1980004 - Laserfiche WebLink

Home Browse Search

Surface Mining Reclamation and Enforcement, Interior MLRD and OSM fail to agree regarding the propriety of any particular enforcement ac- tion, OSM may take any enforcement action necessary to comply with 30 CFR parts 843 and 845. Such enforcement action shall be based on the performance standards included in the regulations of the approved Program, and shall be taken using the procedures and penalty system contained in 30 CFR parts 843 and 845. 20. The MLRD and the Department shall promptly notify each other of all violations of applicable laws, regulations, orders, or ap- proved mining permits subject to this Agree- ment and of all actions taken with respect to such violations. 21. Personnel of the State and representa- tives of the Department shall be mutually available to serve as witnesses in enforce- ment actions taken by either party. 22. This Agreement does not limit the De- partment's authority to enforce violations of Federal law which establish standards and requirements which are authorized by laws other than the Act. ARTICLE IX: BONDS 23. For all surface coal mining operations on Federal lands, the MLRD and the Sec- retary shall require each operator to submit a single performance bond payable to the State and to the United States, if required by Federal regulations, to cover the opera- tor's responsibilities under the Act and the Program. Such performance bond shall be conditioned upon compliance with all re- quirements of the Act, the Program and any other requirements imposed by the Depart- ment under the MLA, as amended. If the Agreement is terminated, all bonds will re- vert to being payable only to the United States to the extent that Federal lands are involved. Submission of a performance bond does not satisfy the requirements for a Fed- eral lease bond required by 30 CFR subpart3473 or a lessee protection bond re- quired in addition to a performance bond, in certain circumstances, by section 716 of the Act. 24, Prior to releasing the operator from an obligation under a performance bond re- quired by the Program, the MLRD shall ob- tain the concurrence of OSM. the MLRD shall also advise OSM of annual adjustments to the performance bond, pursuant to the Program. Departmental concurrence shall include coordination with other Federal agencies having authority over the lands in- volved. 25. The operator's performance bond shall be subject to forfeiture with the consent of OSM, in accordance with the procedures and requirements of the Program. § 906.30 ARTICLE X: DESIGNATING LAND AREAS UN- SUITABLE FOR ALL OR CERTAIN TYPES OF SURFACE COAL MINING OPERATIONS 26. The MLRD and the Director shall co- operate with each other in the review and processing of petitions to designate lands as unsuitable for surface coal mining oper- ations. When either agency receives a peti- tion that could impact adjacent Federal and non - Federal lands, respectively, the agency receiving the petition shall (1) notify the other of receipt and of the anticipated sched- ule for reaching a decision; and (2) request and fully consider data, information and views of the other. The authority to designate State and pri- vate lands as unsuitable for mining is re- served to the State. The authority to des- ignate Federal lands as unsuitable for min- ing is reserved to the Secretary or his des- ignated respresentative. ARTICLE XI; TERMINATION OF COOPERATIVE AGREEMENT 27. This Agreement may be terminated by the Governor or the Secretary under the pro- visions of 30 CFR 745.15. ARTICLE XII: REINSTATEMENT OF COOPERATIVE AGREEMENT 28. If this Agreement has been terminated in whole or in part it may be reinstated under the provisions of 30 CFR 745.16. ARTICLE XIII: AMENDMENT OF COOPERATIVE ACREEMENT 29. This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30 CFR 745.14. ARTICLE XIV: CHANGES IN STATE OR FEDERAL STANDARDS 30. The Department or the State may from time to time promulgate new or revised per- formance or reclamation requirements or en- forcement and administration procedures. Each party shall, if it determines it to be necessary to keep this Agreement in force, change or revise its regulations and request necessary legislative action. Such changes shall be made under the procedures of 30 CFR part 732 for changes to the State Program and under the procedures of section 501 of the Act for changes to the Federal lands pro- gram. 31. The MLRD and the Department shall provide each other with copies of any changes to their respective laws, rules, regu- lations and standards pertaining to the en- forcement and administration of this Agree- ment. 501