Rural Abandoned Mineland Program (RAMP) Update from NCAMR
Posted on Thursday, 03 March 2005 (11:05:29) EST by admin
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The National Coalition for Abandoned Mine Reclamation (NCAMR) has been working on the wording for an update revitalize the Rural Abandoned Mineland Program (RAMP) in the event that the AML Trust Fund is not re-authorized or in addition to the AML Trust Fund.
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Below is the wording:
Title: Rural Abandoned Mine Program Act of 2005 (Draft)
Section: --- There is to be created a stand along reclamation program called the Rural Abandoned Mine Program (RAMP). The purpose of this program is to reclaim and restore land and water impacted by abandoned coal mining prior to 1977.
Purpose: --- The purpose of the program shall be limited to the restoration of land and water resources and the environment previously degraded by effects of coal mining practices including measures for the conservation and development of soil, water, woodland, fish, and wildlife, recreation resources, and agriculture productivity (priority #3 under Reclamation Act of 1977).
Funding: --- Although there is no current inventory of Priority #3 sites at present, it is estimated that approximately $30 billion is needed to reclaim these environmental problems impacting our nation. To implement the program, there is authorized to be appropriated, from the general funds, to Secretary of Agriculture such sums as may be necessary. The Secretary of Agriculture shall utilize the services of the Natural Resources Conservation Service to implement this program.
Eligible Lands and Water: --- Land and water eligible for the reclamation or drainage abatement expenditures under this title are those which were mined for coal or were affected by such mining, waste banks, coal processing, or other coal mining processes prior to August 3rd, 1977 and for which there is no continuing reclamation responsibilities under state or federal law.
Reclamation of Rural Lands: ---
(a) In order to provide for control and prevention of erosion and sedimentation damages from mined lands, and to promote the conservation and development of soil and water resources of unreclaimed mined lands and lands affected by mining, the Secretary of Agriculture is authorized to enter into agreements of not more than ten years with landowners, residents, and tenants, and individually or collectively, determined by the Secretary to have control for the period of the agreement of lands in question therein; providing for land stabilization, erosion, and sediment control, and reclamation through conservation treatment including measures for the conservation and development of soil, water woodland, wildlife, and recreation resources and agriculture productivity of such lands. The Secretary of Agriculture shall make such agreement with owners, including owners of water rights, residents, or tenants of the lands in question.
(b) The land owner, including the owner of water rights, residents, or tenant shall furnish to the Secretary of Agriculture a conservation plan setting forth the proposed land uses and conservation treatment which shall be mutually agreed by the Secretary of Agriculture and to the landowner, including owner of the water rights, residents, or tenant to be needed on the lands for which the plan was prepared. In those instances where it is determined that the water rights or water supply of a tenant, landowner, including owner of water rights, resident, or tenant have been adversely affected by surface or underground coal mine operation which has removed or disturbed a stratum so as to significantly affect the hydrologic balance, such plan may include proposed measures to enhance water quality or quantity by means of joint action with other affected landowners including owners of water rights, residents, or tenants in consultation with appropriate State and Federal agencies.
(c) Such plans shall be incorporated in an agreement under which the landowner, including owner of water rights, resident, or tenant, shall agree with the Secretary of Agriculture to effect the land use and conservation treatment provided for in such plan on the lands described in the agreement in accordance with the terms and conditions thereof.
(d) In return for such an agreement by the landowner, the Secretary of Agriculture is authorized to furnish financial and other assistance in such amounts and subject to such conditions as the Secretary of Agriculture determines are appropriate in the public interest for carrying out the land use and conservation set forth in the agreement. Grants made under this section, depending on the income-producing potential of the land after reclaiming, shall provide up to 80% per centum of the cost of carrying out such land uses and conservation treatment on not more than one hundred and twenty acres of land occupied by such owner, including water rights owners, residents, or tenant or' on not more than one hundred and twenty acres of land which has been purchased jointly by such landowners, including water rights owners, residents, or tenants under an agreement under the enhancement of water quality or quantity or on land which has been acquired by an appropriate State or local agency for the purpose of implementing such an agreement; except the Secretary of Agriculture may reduce the matching cost share where he determines that (1) the main benefits to be derived from the project are related to improving the offsite esthetic values, or other offsite benefits, and (2) the matching share requirements would place a burden on the landowner which would probably prevent him from participating in the program: Provided that, however, that the Secretary of Agriculture may allow for land use and conservation treatment on such lands occupied by any such owner in excess of such one hundred and twenty acre limitation up to three hundred and twenty acres, but in such event the amount of the grant to such landowner to carry out such reclamation on such lands shall be reduced proportionately. Not withstanding any other provision of this section with regard to acreage limitations, the Secretary of Agriculture may carry out reclamation treatment projects to control erosion and improve water quality on all land within a hydrologic unit, if the Secretary determines that treatment of such lands as a hydrologic unit will achieve greater reduction in the adverse effects of past surface mining practices than would be achieved if reclamation was done on individual parcels of land.
(e) The Secretary of Agriculture may terminate any agreement with a landowner including water rights owners, operator, or occupier by mutual agreement if the Secretary of Agriculture determines that such termination would be in the best interest, and may agree to such modification of agreements previously entered into herein as he deems desirable to carry out the purposes of this section or to facilitate the practical administration of the program author1zed herein.
(f) Notwithstanding any other provision of law, the Secretary of Agriculture, to the extent he deems it desirable to carry out the purposes of this section, may provide in any agreement herein under for (1) preservation for a period not to exceed the period covered by the agreement and an equal period thereafter of the cropland, crop acreage, and allotment history applicable to the land covered by the agreement for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation on the production of such crop; or (2) surrender of any such history and allotments.!
(g) The Secretary of Agriculture shall be authorized to issue such rules and regulations as he determines are necessary to carry out the provisions of this section.
(h) In carrying out the provisions of this section, the Secretary of Agriculture shall utilize the services of the Natural Resources Conservation Service.
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