APRIL 2010 CROW TRIBAL LEGISLATURE

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BILL NO. CLB10-03

INTRODUCED BY CEDRIC BLACK EAGLE, CHAIRMAN

CROW TRIBE EXECUTIVE BRANCH

A BILL FOR AN ACT ENTITLED:

“THE CROW COAL MINING AND RECLAMATION CODE”

WHEREAS, regulation of surface coal mining and reclamation in the United States is

governed by Public Law 95-87, the Surface Mining Control and Reclamation Act of 1977

(SMCRA), which is administered by the Office of Surface Mining and Reclamation Enforcement

("OSM") within the U.S. Department of the Interior; and

WHEREAS, the Congress amended SMCRA in 2006 to allow for Tribes to assume the

primary role administering SMCRA on Reservation land under the jurisdiction of the Tribes,

subject to approval and continued oversight by OSM (referred to as "SMCRA primacy"); and

WHEREAS, the definition of "Indian lands" in SMCRA is "all lands, including mineral

interests, within the exterior boundaries of any Federal Indian reservation, notwithstanding the

issuance of any patent, and including rights-of-way, and all lands including mineral interests held

in trust for or supervised by an Indian tribe,” 30 U.S.C. §701; and

WHEREAS, the former Chairman of the Executive Branch the Crow Tribe informed

OSM of its intent to pursue primacy as authorized by SMCRA, and since that time, the Crow

Reclamation Office of the Abandoned Mine Lands Program has obtained funding and technical

assistance from OSM for the development of a Tribal SMCRA code, implementing regulations,

and the staffing and training necessary to administer the SMCRA; and

WHEREAS, the Crow Tribe intends to implement SMCRA primacy using a staged

approach, beginning with assumption of inspection and enforcement functions and ultimately

including processing and issuance of permits for new coal mines and modifications to existing

mining permits; and

WHEREAS, as the first step in assuming primacy, and with the assistance of qualified

technical consultants, the Crow Reclamation Office has developed the attached comprehensive

coal mining and reclamation code modeled after the provisions of the Federal SMCRA; and

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WHEREAS, under the 2001 Crow Constitution, the Enumerated Powers of the

Executive Branch of the Crow Government include the power to, in Article IV, Section 3(a),

“represent the Crow Tribe of Indians in negotiation with Federal, State and local governments

and other agencies, corporations, associations, or individuals in matters of welfare, education,

recreation, social services and economic development affecting the Crow Tribe of Indians” and,

in Article IV, Section 3(k), to “negotiate and approve limited waivers of sovereign immunity

when such a waiver is necessary for business purposes in accordance with Article V, Section 2(f)

of this Constitution”; and

WHEREAS, the powers and duties of the Legislative Branch of the Crow Government

under the 2001 Crow Constitution include in Article V, Section 2(a) the power “to promulgate

and adopt laws, resolutions, ordinances, codes, regulations, and guidelines in accordance with

this Constitution and federal laws for the governance of the Crow Tribe of Indians,” and, in

Article V, Section 2(f) the power “to grant final approval or disapproval of limited waivers of

sovereign immunity by the Executive Branch of Government when waivers are necessary for

business purposes”;

NOW, THEREFORE, BE [IT ENACTED BY THE CROW TRIBAL LEGISLATURE:

Section 1. ADOPTION. The Crow Coal Mining and Reclamation Code (the "Code"),

attached hereto and incorporated herein by reference, is hereby enacted as the law of the Crow

Tribe, and upon its effective date will be codified within the Crow Law and Order Code.

Section 2. LIMITED WAIVER OF SOVEREIGN IMMUNITY. The approval granted

in section 1 includes and extends to the limited waiver of sovereign immunity contained in the

Code, as required by 30 U.S.C. §1300@).

Section 3. EFFECTIVE DATE. The effective date of the Code shall be when all of the

following conditions have been met: (1) The Code and other requirements for the Crow Coal

Regulatory Office implementation of full or partial Program Primacy under SMCRA are

approved by the Office of Surface Mining/Secretary of the Interior, (2) implementing regulations

have been promulgated and adopted as provided in the Code, and (3) the Director of the Crow

Office of Reclamation has certified in writing to the Legislature and the Chairman of the

Executive Branch that staffing and all other arrangements necessary are made ready for the Crow

Coal Regulatory Office to effectively administer the Code in whole or in part in accordance with

approval by the Office of Surface Mining/Secretary of the Interior.

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CROW COAL MINING AND RECLAMATION CODE

The Crow Tribe of Indians, in the exercise of its inherent sovereignty, and in accordance

with its constitution and bylaws, and pursuant Section 710 (i) and Gj) of the Surface Mining

Control and Reclamation Act of 1977, Public Law 95-87 (SMCRA) with amendments through

December, 2008, does hereby enact and establish the Crow Coal Mining and Reclamation Code

(Code).

The Code is administered by the Crow Coal Regulatory Office (CCRO) and Director

whose responsibilities include promulgation and enforcement of the Code and regulations

pertaining to the Code, permitting and regulation of all coal development activities and the

effects on the Crow Tribe of Indians and society, land use, cultural resources, water, air, and

other environmental resources, and conservation and reclamation of the Tribe’s natural

resources. The CCRO enforces the Code and coordinates with other Tribal and federal

authorities on other relevant Tribal and federal environmental laws with regard to coal resource

development on Crow Tribal lands. The CCRO also provides permitting and regulatory

assistance to those who want to develop coal resources under Tribal jurisdiction.

The code has been modeled closely after SMCRA with appropriate adaptations for

administration by the Crow Coal Regulatory Office, to provide in some cases for more stringent

protections for Crow Lands and cultural values, and to conform to the requirements of Section

710(j) of SMCRA for assumption of Tribal regulatory primacy. An index to this Code with

cross-references to SMCRA is set forth in Appendix A.

TITLE I--STATEMENT OF FINDINGS AND POLICY

Sec. 101. Findings

The Crow Tribe finds and declares that:

(a) The health and welfare, economic security, political and cultural integrity, and

future of the Crow Tribe are based upon the Tribe's natural and human resources,

including coal resources. Coal mining provides a one-time monetary return and is

a temporary land use. To protect the long-term interests of the Crow Tribe, the

Crow People, and the general public, adequate safeguards must be established and

enforced to protect the environment and maintain the value and utility of Crow

Lands and resources from the adverse effects of coal mining.

(b) Extraction of coal and other minerals from the earth can be accomplished by

various methods of mining, including surface and underground mining. In the

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(c)

(e)

(6)

Sec. 102.

absence of effective regulation, coal mining operations can result in disturbances

of surface areas that burden and adversely affect commerce and the public welfare

by destroying or diminishing the utility of land for agricultural, commercial,

industrial, residential, recreational, forestry, and cultural purposes by causing

erosion and landslides, by contributing to floods, by polluting the water, by

destroying fish and wildlife habitats, by impairing natural beauty, by damaging

the property of citizens, by creating hazards dangerous to life and property by

degrading the quality of life and traditional Indian culture in local communities,

and by counteracting governmental programs and efforts to conserve soil, water,

and other natural resources.

The expansion of coal mining to provide economic benefits to the Crow people

and to help meet the energy needs and national security of the United States

makes even more urgent the establishment of appropriate standards to minimize

damage to the environment and to productivity of the soil and to protect the health

and safety of the public.

Coal mining and reclamation technology are now developed so that effective and

reasonable regulation of coal mining operations in accordance with the provisions

of this Code is an appropriate and necessary means to minimize the adverse

social, economic, and environmental effects of coal mining.

The Crow Tribe of Indians, through its inherent sovereignty as expressed in the

2001 Crow Constitution, and the Surface Mining Control and Reclamation Act of

1977 (SMCRA), possesses the right and the responsibility to regulate coal mining

to protect the interests of the Crow Tribe, the Crow People, and the general

public.

Coal mining is consistent with the interests of the Crow Tribe only if the cultural

integrity, health and welfare of the Tribe are protected and if the Tribe's

permanent land base is protected and preserved.

Purposes

It is the purpose of this Code to:

(a)

Establish a program for all Crow Lands to protect the Tribe, its people, its land

and other resources, society and the environment from the adverse effects of coal

mining operations.

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(b)

(c)

(e)

(g)

(h)

(i)

(k)

Assure that the rights of persons with legal interests in the land on or near coal

mining operations are protected from the adverse effects of such operations.

Assure that coal mining operations are not conducted where reclamation required

by this Code is not feasible or in areas of important cultural value to the Crow

Tribe.

Assure that coal mining operations are so conducted as to protect the

environment.

Assure that adequate procedures are undertaken to reclaim surface areas as

contemporaneously as possible with the coal mining operations.

Provide for the development of Tribal expertise and capabilities in dealing with

mineral and natural resource questions and operations.

Because of the diversity in terrain, climate, biologic, chemical, and other physical

conditions in areas subject to mining operations, provide for the primary

governmental responsibility for developing, authorizing, issuing, and enforcing

regulations for mining and reclamation operations subject to this Code to rest with

the Tribe.

Provide for the reclamation of any disturbed lands to former and potential

usefulness as range, forest, agricultural and recreational land, wildlife habitat, and

water storage and transfer, or other Crow Tribal uses, thereby enhancing or

retaining its inherent value.

Protect adjacent as well as affected lands from the adverse effects of coal mining

and maintain their productivity.

Assure that appropriate procedures are provided for public participation in the

development, revision, and enforcement of regulations, standards, reclamation

plans, or programs established by the Tribe under this Code.

Stimulate, sponsor, provide for and/or supplement present programs for the

conduct of research investigations, experiments, and demonstrations, in the

exploration, extraction, processing, development, and production of minerals and

in reclamation of lands and waters affected by such, and the training of mineral

engineers and scientists in the field of mining, minerals resources, reclamation,

and technology, and the establishment of an appropriate research and training

center.

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Sec. 201.

(a)

(b)

(c)

TITLE II--CROW COAL REGULATORY OFFICE

Office and Functions

There is established the "Crow Coal Regulatory Office", hereinafter referred to as

CCRO.

The CCRO shall have a Director who shall be appointed by the Tribal Chairman,

and confirmed by majority vote of the Crow Tribal Legislature, and such other

employees as may be required. Such other employees shall be hired by the

Director. The Director shall have the responsibilities provided under subsection

the CCRO as provided in this Code and the CCRO organizational structure. Such

functions must be consistent with the provisions and purposes of this Code.

Employees of the CCRO shall be recruited on the basis of their professional

competence and capacities to administer the provisions of this Code. The CCRO

may use contracted employees, employees of federal agencies and Tribal

employees from other Tribal agencies to administer the provisions of this Code,

providing that no such employee or entity shall, in any of his or her activities,

promote the development of coal or other mineral resources.

The Director shall:

(1) Promulgate and publish rules and regulations as may be necessary to carry

out the purposes and provisions of this Code. Unless superseded by a

general Tribal law governing promulgation of Tribal administrative

regulations, such regulations shall be promulgated according to the

procedures set forth in Appendix B.

(2) Develop and implement a grant-in-aid program for administering this

Code.

(3) Administer the programs for controlling coal mining operations which are

required by this Code; review and approve, disapprove, or conditionally

approve mine plans; issue, deny, or revoke permits; conduct investigations

and inspections necessary to ensure compliance with this Code; conduct

hearings, administer oaths, issue subpoenas and compel the attendance of

witnesses; produce written material or printed material as provided for in

this Code; issue cease and desist orders; review and vacate or modify or

approve orders and decisions; and order the suspension, revocation or

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withholding of any permit for failure to comply with any of the provisions

of this Code or any rules and regulations adopted pursuant thereto.

(4) Develop and maintain an information and data center regarding coal

mining, reclamation, and other data regarding Crow Lands and the use,

both present and future, thereof.

(5) Develop objective criteria and appropriate procedures for designating

lands unsuitable for coal mining as provided in this Code.

(6) Cooperate with federal agencies and other Tribal agencies to minimize

duplication of inspections, enforcement, and administration and provide

for the efficient administration of this Code.

(7) Ensure that the CCRO staff, the CCRO goals and objectives, and all other

non-proprietary information regarding the CCRO is available and

interpreted to Crow Tribal members in the Apsaalooke language when

requested at reasonable times.

(8) Collect data, experiment, and conduct research regarding coal mining,

reclamation, and other appropriate and related fields of endeavor.

(9) Perform such other duties as may be provided by law and relate to the

purposes of this Code.

(d) The CCRO shall be considered an independent regulatory agency of the Crow

Tribe and shall operate independently of the Tribal agencies involved in the

negotiating for and leasing or selling of coal or land resources.

(e) Reserved.

( No employee of the CCRO or any employee performing any function or duty

under this Code shall have a direct or indirect financial interest in underground or

surface coal mining operations: provided however that the fact that an individual

is a member of the Crow Tribe does not in itself constitute a violation of this

section 201(f) or Section 201 (f) of SMCRA, but no employee of the CCRO shall

be eligible for a Tribal per capita distribution of any proceeds from coal mining

operations conducted on Crow Reservation land under this Code. The CCRO

shall, within sixty days after enactment of this Code, establish methods by which

the provisions of this subsection will be monitored and enforced, including

appropriate provisions for the filing by such employees and the review of

statements and supplements thereto concerning their financial interests which may

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(g)

Sec. 301.

(a)

(b)

be affected by this subsection and report to the findings as part of the annual

report on the actions taken and not taken during the preceding calendar year under

this subsection.

Whoever knowingly violates the provisions of the first sentence of Subsection

201(f) of this Code:

(1) if an Indian within the criminal jurisdiction of the Crow Tribal

Court, shall be punished upon conviction by a fine of not more

than $1,000 or by imprisonment for not more than one year, or

both; or

(2) if a person who is not within the jurisdiction of the Crow Tribal Court,

shall be referred for federal prosecution as provided in Section 315(j) of

this Code and punished upon conviction by a fine of not more than $2,500

or by imprisonment for not more than one year, or both.

TITLE III--CONTROL OF THE ENVIRONMENTAL

IMPACTS OF COAL MINING

Permits

Effective on the date the regulations promulgated under this Title are adopted by

the Crow Nation Legislature and Executive Branch in accordance with approval

by the Office of Surface Mining/Secretary of the Interior, no person or persons

shall engage in or conduct coal mining or reclamation on any Crow Lands unless

such person or persons have first obtained a permit issued by the CCRO. Coal

mining permits issued by the U.S. Office of Surface Mining prior to the passage

of this Code or prior to the passage of regulations promulgated under this Code

shall be deemed valid by the CCRO, except that amendments may be required of

the permittees when mine plans are found to be inconsistent with CCRO

regulations. The CCRO shall notify existing permittees of the adequacy of their

respective mine plans within 12 months of finalization and approval of

regulations promulgated under this Code.

All permits issued pursuant to the requirements of this Code shall be issued for a

term not to exceed five years: Provided, that if the applicant demonstrates that a

specified longer term is reasonably needed to allow the applicant to obtain

necessary financing for equipment and the opening of the operation and if the

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(©)

(d)

application is full and complete for such specified longer term, the regulatory

authority may grant a permit for such longer term. A successor in interest to a

permittee, when said successor applies within thirty days of succeeding to such

interest and who is able to obtain the bond coverage of the original permittee, may

continue coal mining and reclamation operations according to the approved

mining and reclamation plan of the original permittee until such successor's

application is granted or denied.

A permit shall terminate if the permittee has not commenced the coal mining

operations covered by such permit within three years of the issuance of the

permit: Provided, that the CCRO may grant reasonable extensions of time upon a

showing that such extensions are necessary by reason of litigation precluding such

commencement or a threat of substantial economic loss to the permittee, or by

reason of conditions beyond the control and without the fault or negligence of the

permittee: Provided further, That in the case of a coal lease issued under the

Federal Mineral Leasing Act, as amended, extensions of time may not extend

beyond the period allowed for diligent development in accordance with section 7

of that Act: Provided further, That with respect to coal to be mined for use in a

synthetic fuel facility or specific major electric generating facility, the permittee

shall be deemed to have commenced mining operations at such time as the

construction of the synthetic fuel or generating facility is initiated.

(1) Any valid permit issued pursuant to this Code shall carry with it the right

of successive renewal upon expiration with respect to areas within the

boundaries of the existing permit. All applications for permit renewal

must comply with the public notice requirements of sections 309 and 310.

The CCRO shall make written findings upon the denial of a permit

renewal application. The holders of the permit may apply for renewal and

such renewal shall be issued (provided that on application for renewal the

burden shall be on the opponents of renewal), subsequent to fulfillment of

the public notice requirements in this section, unless it is established that

and written findings by the CCRO are made that:

(A) _ the terms and conditions of the existing permit are not being

satisfactorily met;

(B) _ the present coal mining and reclamation operation is not in

compliance with the environmental protection standards of this

Code or other applicable Tribal or federal laws;

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Sec. 303.

(a)

(b)

continuing responsibility on existing permit areas,

(D) _ the operator has not provided evidence that the performance bond

in effect for said operation will continue in full force and effect for

any renewal requested in such application as well as any additional

bond the CCRO might require pursuant to Section 305 of this

Title;

(E) any additional revised or updated information required by the

CCRO has not been provided. Prior to the approval of any renewal

of permit the CCRO shall provide notice to the appropriate Tribal

and other authorities.

(2) An application for renewal of valid permit to extend the mining operation

beyond the boundaries authorized in the existing permit shall be subject to

the full standards applicable to new applications under this Code.

(3) Any permit renewal shall be for a term not to exceed the period of the

original permit established by this Code. Application for permit renewal

shall be made at least one hundred twenty (120) days prior to the

expiration date of the valid permit.

Application Requirements

Each application for a coal mining and reclamation permit pursuant to this Code

shall be accompanied by a fee as determined by the CCRO. Such fee may be less

than but shall not exceed the actual or anticipated costs of reviewing,

administering, and enforcing each permit issued. The CCRO may develop

procedures so as to enable the cost of the fee to be paid over the term of the

permit.

The permit application shall be submitted in a manner satisfactory to the CCRO

and shall contain, among other things:

(1) the names and addresses of:

(A) _ the permit applicant;

(B) _ every legal owner of record of the property (surface and mineral)

to be mined including, in the case of allotments held in trust by the

United States, every person holding an interest in such allotment,

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(2)

(4)

(5)

(6)

(D) any purchaser of record of the property under a real estate contract;

(E) _ the operator, if a person different from the applicant,

(F) _ if any of these are business entities other than a single proprietor,

the names and addresses of the principals, officers, and resident

agent;

the names and addresses of the owners of record of all surface and

subsurface areas adjacent to any part of the permit area including, in the

case of allotments held in trust by the United States, every person holding

an interest in such allotment;

a statement of any current or previous coal mining permits in the United

States held by the applicant and the permit identification and each pending

application;

if the applicant is a partnership, corporation, association, limited liability

company or other business entity, the following where applicable: the

names and addresses of every officer, partner, managing member, director,

or person performing a function similar to a director, of the applicant,

together with the name and address of any person owning of record 10

percentum or more of any class of voting stock or membership interest of

the applicant and a list of all names under which the applicant, partner,

member or principal shareholder previously operated a coal mining

operation within the United States within the 5 year period preceding the

date of submission of the application;

a statement of whether the applicant, any subsidiary, affiliate, or persons

controlled by or under common control with the applicant, has ever held a

federal, state, or Indian mining permit which in the 5-year period prior to

the date of submission of the application has been suspended or revoked or

has had a mining bond or similar security deposited in lieu of bond

forfeited and, if so, an explanation of the facts involved;

a copy of the applicant's advertisement to be published in a newspaper of

general circulation in the locality of the proposed site at least once a week

for four successive weeks, and which includes the ownership, a

description of the exact location and boundaries of the proposed site so

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(7)

(8)

(9)

(10)

(1)

that the proposed operation is readily locatable by local residents, and the

location of where the application is available for public inspection;

a description of the type and method of coal mining operation that exists

or is proposed, the engineering techniques proposed or used, and the

equipment used or proposed to be used;

the anticipated or actual starting and termination dates of each phase of the

mining and reclamation operations and number of acres of land to be

affected;

the applicant shall file with the CCRO on an accurate map or plan, to an

appropriate scale, clearly showing the land to be affected as of the date of

the application, the area of land within the permit area upon which the

applicant has the legal right to enter and commence coal mining

operations and shall provide to the CCRO a statement of those documents

upon which the applicant bases his legal right to enter and commence coal

mining operations on the area affected, and whether that right is the

subject of pending or current court litigation: Provided, that nothing in

this Code shall be construed as vesting in the CCRO the jurisdiction to

adjudicate property title disputes;

the name of the watersheds and locations of surface streams or tributaries

into which surface and pit drainage will be discharged;

a determination of the probable hydrologic consequences of the mining

and reclamation operations, both on and off the mine site, with respect to

the hydrologic regime, quantity and quality of water in surface and ground

water systems including the dissolved and suspended solids under

seasonal flow conditions and the collection of sufficient data for the mine

site and surrounding areas so that an assessment can be made by the

CCRO of the probable cumulative impacts of all anticipated mining in the

area upon the hydrology of the area and particularly upon water

availability: Provided, however, that this determination shall not be

required until such time as hydrologic information on the general area

prior to mining is made available from an appropriate federal or other

agency: Provided further, that the permit shall not be approved until such

information is available and is incorporated into the application;

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(12)

(14)

when requested by the CCRO, the climatological factors that are peculiar

to the locality of the land to be affected, including the average seasonal

precipitation, the average direction and velocity of prevailing winds, and

the seasonal temperature ranges;

accurate maps to an appropriate scale clearly showing:

(A) _ the land to be affected as of the date of application and

(B) all types of information set forth on topographical maps of the

United States Geological Survey of a scale of 1:24,000 or 1:25,000

or larger, including all manmade features and significant known

archeological sites (including Indian cultural, historical, burial, and

religious sites) existing on the date of application. Such a map or

plan shall among other things specified by the CCRO show all

boundaries of the land to be affected, the boundary lines and names

of present owners of record of all surface areas abutting the permit

area, and the location of all buildings within 1,000 feet of the

permit area;

cross-sections, maps or plans of the land to be affected including the

actual area to be mined, prepared by or under the direction of and certified

by a qualified registered professional engineer, or professional geologist

with assistance from experts in related fields such as land surveying and

landscape architecture, showing pertinent elevation and location of test

borings or core samplings and depicting the following information: the

nature and depth of the various strata of overburden; the location of

subsurface water, if encountered, and its quality; the nature and thickness

of any coal or rider seam above the coal seam to be mined; the nature of

the stratum immediately beneath the coal seam to be mined; all mineral

crop lines and the strike and dip of the coal to be mined, within the area of

land to be affected; existing or previous mining limits; the location and

extent of known workings of any underground mines, including mine

openings to the surface; the location of aquifers; the estimated elevation of

the water table; the location of spoil, waste, or refuse areas and top-soil

preservation areas; the location of all impoundments for waste or erosion

control; any settling or water treatment facility; constructed or natural

drain ways and the location of any discharges to any surface body of water

on the area of land to be affected or adjacent thereto; and profiles at

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(©)

(15)

(16)

a7)

appropriate cross-sections of the anticipated final surface configuration

that will be achieved pursuant to the operator's proposed reclamation plan;

a statement of the result of test borings or core samplings from the permit

area, including logs of the drill holes; the thickness of the coal seam

found, an analysis of the chemical properties of such coal; the sulfur

content of any coal seam; chemical analysis of potentially acid or toxic

forming sections of the overburden; and chemical analysis of the stratum

immediately underneath the coal to be mined except that the provisions of

this paragraph (15) may be waived by the CCRO with respect to the

specific application by a written determination that such requirements are

unnecessary;

for those lands in the permit application which a reconnaissance inspection

suggests may be prime farmlands, a soil survey shall be made or obtained

according to standards established by the United States Secretary of

Agriculture in order to confirm the exact location of such prime farmlands,

if any; and

information pertaining to coal seams, test borings, core samplings, or soil

samples as required by this section shall made available to any person with

interests which are or may be adversely affected: Provided, that

information which pertains only to the analysis of the chemical and

physical properties of the coal (excepting information regarding such

mineral or elemental content which is potentially toxic in the environment)

shall be kept confidential and not made a matter of public record.

If the CCRO finds that the probable total annual production at all locations

of a coal surface mining operator will not exceed 300,000 tons, the cost of

the following activities, which shall be performed by a qualified public or

private laboratory or such other public or private qualified entity

designated by the CCRO, shall be assumed by the CCRO upon the written

request of the operator in connection with a permit application:

(A) _ the determination of probable hydrologic consequences required

by subsection (b)(11), including the engineering analyses and

designs necessary for the determination;

(B) _ the development of cross-section maps and plans required by

subsection (b)(14);

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(©)

cy)

core samplings required by subsection (b)(15);

(D) _ the collection of archaeological information required by subsection

(b)(13) and any other archaeological and historical information

required by the CCRO, and the preparation of plans necessitated

thereby;

(E) _ pre-blast surveys required by section 311 (b)(15)(E); and

(F) _ the collection of site-specific resource information and production

of protection and enhancement plans for fish and wildlife habitats

and other environmental values required by the CCRO under this

Code.

(2) The Director of the CCRO may provide or assume the cost of training coal

operators that meet the qualifications stated in paragraph (1) concerning

the preparation of permit applications and compliance with the regulatory

program, and shall ensure that qualified coal operators are aware of the

assistance available under this subsection.

Each applicant for a permit shall be required to submit to the CCRO as part of the

permit application a reclamation plan which shall meet the requirements of this

Code.

Each applicant for a coal mining and reclamation permit shall file a copy of his

application for public inspection at an appropriate public office designated by the

CCRO near where the mining is proposed to occur, except for that information

pertaining to the coal seam itself.

Each applicant for a permit shall be required to submit to the CCRO as part of the

permit application a certificate issued by an insurance company authorized to do

business in the State of Montana or on the Crow Indian Reservation certifying

that the applicant has a public liability insurance policy in force for the mining

and reclamation operations for which such permit is sought, or evidence that the

applicant has satisfied other federal or Tribal self-insurance requirements. Such

policy shall provide for personal injury and property damage protection in an

amount adequate to compensate any persons damaged as a result of mining and

reclamation operations including use of explosives and entitled to compensation

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Sec. 304.

(a)

under the applicable provisions of Tribal, federal, or state laws. Such policy shall

be maintained in full force and effect during the terms of the permit or any

renewal, including the length of all reclamation operations.

Each applicant for a coal mining and reclamation permit shall submit to the

CCRO as part of the permit application a blasting plan which shall outline the

procedures and standards by which the operator will meet the provisions of

section 311(b) (15) of this Code.

A coal operator that has received assistance pursuant to subsection (c) (1) or (2)

shall reimburse the CCRO for the cost of the services rendered if the Director

finds that the operator's actual and attributed annual production of coal for all

locations exceeds 300,000 tons during the 12 months immediately following the

date on which the operator is issued the coal mining and reclamation permit.

Applications for coal mining and reclamation permits pursuant to this Code shall

be submitted to the CCRO in a format approved by the CCRO.

Reclamation Plan Requirements

Each reclamation plan submitted as part of a permit application under the

provisions of this Code shall include, in the degree of detail necessary to

demonstrate that reclamation required by the CCRO can be accomplished, a

statement of:

(1) the identification of the lands subject to coal mining operations over the

estimated life of those operations and the size, sequence, and timing of the

subareas for which it is anticipated that individual permits for mining will

be sought;

(2) the condition of the land to be covered by the permit prior to any mining,

including:

(A) _ the uses existing at the time of the application, and if the land has a

history of previous mining, the uses which preceded any mining;

(B) _ the capability of the land prior to any mining to support a variety

of uses giving consideration to soil and foundation characteristics,

topography, and vegetative cover, and, if applicable, a soil survey

prepared pursuant to section 303(b)(16) of this Code; and

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(4)

(6)

(8)

(9)

classification as prime farmlands, as well as the average yield of

food, fiber, forage, or wood products from such lands obtained

under high levels of management;

the use which is proposed to be made of the land following reclamation,

including a discussion of the utility and capacity of the reclaimed land to

support a variety of alternative uses and the relationship of such use to

existing land use policies and plans, and the comments of any owner of the

surface, Tribal, federal or local governments or agencies thereof which

would have to initiate, implement, approve, authorize, or maintain the

proposed use of the land following reclamation;

a detailed description of how the proposed post mining land use is to be

achieved and the necessary support activities which may be needed to

achieve the proposed land use;

the engineering techniques proposed to be used in mining and reclamation

and a description of the major equipment; a plan for the control of surface

water drainage and of water accumulation; a plan, where appropriate, for

backfilling, soil stabilization, and compacting, grading and appropriate

revegetation; a plan for soil reconstruction, replacement, and stabilization,

pursuant to the performance standards in applicable sections of this Code

and regulations promulgated hereunder; an estimate of the cost per acre of

the reclamation including a statement as to how the permittee plans to

comply with each of the requirements set out in Section 311 of this Code;

the consideration which has been given to maximize the utilization and

conservation of the solid fuel resource being recovered so that reaffecting

the land in the future can be minimized;

a detailed estimated timetable for the accomplishment of each major step

in the reclamation plan;

the consideration which has been given to making the mining and

reclamation operations consistent with surface owner plans, and applicable

Tribal and local land use plans and programs;

the steps to be taken to comply with applicable air and water quality laws

and regulations and any applicable health and safety standards; such steps

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(b)

Sec. 305.

(10)

ql)

(12)

)

(14)

shall include a detailed description of how the applicant proposes to

conduct dust abatement during mining and reclamation operations;

the consideration which has been given to developing the reclamation plan

in a manner consistent with local physical, environmental, and

climatological conditions;

all lands, interests in lands, or options on such interests held by the

applicant or pending bids on interests in lands by the applicant, which

lands are contiguous to the area to be covered by the permit;

the results of test boring which the applicant has made at the area to be

covered by the permit, or other equivalent information and data in a form

satisfactory to the CCRO, including the location of subsurface water, and

an analysis of the chemical properties including acid forming properties of

the mineral and overburden: Provided, that information which pertains

only to the analysis of the chemical and physical properties of the coal

(excepting information regarding such mineral or elemental contents

which is potentially toxic in the environment) shall be kept confidential

and not made a matter of public record;

a detailed description of the measures to be taken during the mining and

reclamation process to assure the protection of:

(A) _ the quality of surface and ground water systems, both on- and

off-site, from adverse effects of the mining and reclamation

process;

(B) _ the rights of present users to such water; and

off-site, from adverse effects of the mining and reclamation

process or to provide alternative sources of water where such

protection of quantity cannot be assured;

such other requirements as the CCRO shall prescribe by regulations.

Any information required by this section which is not on public file pursuant to

Tribal law shall be held in confidence by the CCRO.

Performance Bonds

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(a)

(b)

(©)

After a coal mining and reclamation permit application has been approved but

before such a permit is issued, the applicant shall file with the CCRO, on a form

prescribed and furnished by the CCRO, a bond for performance payable, as

appropriate, to the Crow Tribe of Indians, and conditional upon faithful

performance of all the requirements of this Code and the permit. The bond shall

cover that area of land within the permit area upon which the operator will initiate

and conduct coal mining and reclamation operations within the initial term of the

permit. As succeeding increments of coal mining and reclamation operations are

to be initiated and conducted within the permit area, the permittee shall file with

the CCRO an additional bond or bonds to cover such increments in accordance

with this section. The amount of the bond required for each bonded area shall

depend upon the reclamation requirements of the approved permit; shall reflect

the probable difficulty of reclamation giving consideration to such factors as

topography, geology of the site, hydrology, and revegetation potential, and shall

be determined by the CCRO. The amount of the bond shall be sufficient to assure

the completion of the reclamation plan if the work had to be performed by the

CCRO in the event of forfeiture and in no case shall the bond for the entire area

under one permit be less than $25,000. All bonds for performance payable to the

Crow Tribe of Indians shall be deposited in a manner and at an institution

mutually acceptable to the CCRO and the applicant.

Liability under the bond shall be for the duration of the coal mining and

reclamation operation and for a period coincident with the operator's

responsibility for revegetation requirements in section 311. The bond shall be

executed by the operator and a corporate surety licensed to do business on the

Crow Indian Reservation or, in the absence of a Tribal licensure system, in the

State of Montana, except that the operator may elect to deposit cash, negotiable

bonds of the United States Government or the Crow Tribe of Indians, or

negotiable certificates of deposit or any bank organized or transacting business in

the United States: Provided, that the manner of deposit and the institution through

which such deposit occurs shall be mutually acceptable to the CCRO and the

applicant.

The cash deposit or market value of securities, if such are used to fulfill the

requirements of this section 305(a), shall be equal to or greater than the amount of

the bond required for the bonded area.

The CCRO may accept the bond of the applicant itself without separate surety

when the applicant demonstrates to the satisfaction of the CCRO the existence of

April 2010 Legislative Session

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(@)

()

Sec. 306.

(a)

(v)

a suitable agent to receive service of process and a history of financial solvency

and continuous operation sufficient for authorization to self-insure or bond such

amount, or in lieu of the establishment of a bonding program, as set forth in this

section, the CCRO, with the approval of Secretary of Interior may approve as part

of a CCRO program an alternative system that will achieve the objectives and

purposes of the bonding program pursuant to this section. At no time shall the

bond fall below the cost that would result should the CCRO have to conduct the

remaining reclamation.

Cash or securities so deposited shall be deposited upon the same terms as the

terms upon which surety bonds may be deposited. Such securities shall be

security for the repayment of such negotiable certificate of deposit.

The amount of the bond or deposit required and the terms of each acceptance of

the applicant's bond shall be adjusted by the CCRO from time to time as affected

land acreages are increased or decreased or where the cost of future reclamation

changes.

Permit Approval or Denial

Upon the basis of a complete mining application and reclamation plan or a

revision or renewal thereof, as required by this Code, including public notification

and an opportunity for a public hearing as required by section 309 of this Code,

the CCRO shall grant, require modification of, or deny the application for a

permit in a reasonable time set by the CCRO and notify the applicant in writing.

The applicant for a permit, or revision of a permit, shall have the burden of

establishing that the application is in compliance with all the requirements of this

Code. Within ten days after the granting of a permit, the CCRO shall notify the

Tribal Chairman, the Speaker House of the Tribal Legislature, other appropriate

Tribal officials and the County Commissioners in the County in which the area of

land to be affected is located of the location of the land and that a permit has been

issued.

No permit or revision application shall be approved unless the application

affirmatively demonstrates and the CCRO finds in writing on the basis of the

information set forth in the application or from information otherwise available

which will be documented in the approval, and made available to the applicant,

that:

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(1)

(2)

(4)

()

the permit application is accurate and complete and that all the

requirements of this Code have been complied with;

the applicant has demonstrated that reclamation as required by this Code

can be accomplished under the reclamation plan contained in the permit

application;

the assessment of the probable cumulative impact of all anticipated mining

in the area on the hydrologic balance specified in section 303 (b) has been

made by the CCRO and the proposed operation thereof has been designed

to prevent material damage to hydrologic balance outside the permit area;

the area proposed to be mined is not included within an area designated

unsuitable for coal mining pursuant to Section 321 of this Code, or is not

within an area under study for such designation in an administrative

proceeding commenced pursuant to section 321 (unless in such an area as

to which an administrative proceeding has commenced pursuant to section

321(a)(4)(C) of this Code, the operator making the permit application

demonstrates that, prior to January 1, 1977, he has made substantial legal

and financial commitments in relation to the operation for which he is

applying for a permit);

the proposed coal mining operation, would:

(A) not interrupt, discontinue, or preclude farming on alluvial valley

floors that are irrigated or naturally subirrigated, but, excluding

undeveloped range lands which are not significant to farming on

said alluvial valley floors and those lands as to which the CCRO

finds that if the farming that will be interrupted, discontinued, or

precluded is of such small acreage as to be of negligible impact on

the farm's agricultural production; or

(B) not materially damage the quantity or quality of water in surface or

underground water systems that supply these valley floors in (A) of

subsection (b)(5):

Provided, that this paragraph (5) shall not affect those coal mining

operations which in the year preceding the enactment of this Code,

produced coal in commercial quantities and were located within or

adjacent to alluvial valley floors and which were in existence in 1976.

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(¢)

(6) in cases where the private mineral estate has been severed from the private

surface estate, the applicant has submitted to the CCRO:

(A) _ the written consent of the surface owner to the extraction of coal

by mining methods; or

(B) — aconveyance that expressly grants or reserves the right to extract

the coal by mining methods including federal conveyance that

grants or reserves minerals, or

by mining methods or consist of a federal conveyance that grants

or reserves minerals, the surface-subsurface legal relationship shall

be determined in accordance with the Tribal law, if expressly

provided for in the Crow Law and Order Code, or federal law

(including the application of Montana law if so provided in the

federal law): Provided, That nothing in this Code shall be

construed to authorize CCRO to adjudicate property rights

disputes.

The applicant shall file with his permit application a schedule listing any and all

notices of violations of this Code, and any law, rule, or regulation of the Crow

Tribe, United States Government, State or other Tribe, or of any department or

agency of such governments, including those pertaining to land use, air or water

quality, environmental protection, and cultural and archaeological resources

incurred by the applicant in connection with any coal mining operation during the

five-year period prior to the date of application. The schedule shall also indicate

the final resolution of any such notice of violation. Where the schedule or other

information available to the CCRO indicates that any coal mining operation

owned or controlled by the applicant is currently in violation of this Code or such

other laws referred to this subsection, the permit shall not be issued until the

applicant submits proof that such violation has been corrected or is in the process

of being corrected to the satisfaction of the CCRO, department, or agency which

has jurisdiction over such violation and no permit shall be issued to an applicant

after a finding by the CCRO, after opportunity for hearing, that the applicant, or

the operator specified in the application, controls or has controlled mining

operations with a demonstrated pattern of willful violations of this Code of such

nature and duration with such resulting irreparable damage to the environment as

to indicate an intent not to comply with the provisions of this CCRO.

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Sec. 307.

(a)

(b)

(1)

In addition to finding the application in compliance with subsection (b) of

this section, if the area proposed to be mined contains prime farmland

pursuant to section 303(b)(16), the CCRO shall, after consultation with the

U.S. Secretary of Agriculture and other appropriate representatives of the

Crow Tribe in matters concerning prime farmland, and pursuant to

regulations issued hereunder by the CCRO, grant a permit to mine on

prime farmland if the CCRO finds in writing that the operator has the

technological capability to restore such mined area, within a reasonable

time, to equivalent or higher levels of yield as non-mined prime farmland

in the surrounding area under equivalent levels of management and can

meet the soil reconstruction standards in section 311(b)(7). Except for

compliance with subsection (b), the requirements of this paragraph (1)

shall apply to all permits issued after the date of enactment of this Code.

Nothing in this subsection shall apply to any permit issued prior to the

date of enactment of SMCRA or to any revisions or renewals thereof, or to

any existing coal mining operations for which a permit was issued prior to

the date of enactment of SMCRA.

Revision of Permits

(1)

(2)

During the term of the permit the permittee may submit an application for

a revision of the permit, together with a revised reclamation plan, to the

CCRO.

An application for a revision of a permit shall not be approved unless the

CCRO finds that the reclamation as required by this Code can be

accomplished under the revised reclamation plan. The revision shall be

approved or disapproved within a period of time established by the CCRO.

The CCRO shall establish guidelines for a determination of the scale or

extent of a revision request for which all permit application information

requirements and procedures, including notice and hearings, shall apply:

Provided, that any revisions which propose significant alterations in the

reclamation plan shall, at a minimum, be subject to notice and hearing

requirements.

Any extension to the area covered by the permit except incidental

boundary revisions must be made by application for another permit.

No transfer, assignment, or sale of the rights granted under any permit issued

pursuant to this Code shall be made without the written approval of the CCRO.

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(c)

Sec. 308.

(a)

(b)

(©)

(@)

Sec. 309.

(a)

The CCRO shall within a time limit prescribed in regulations promulgated by the

CCRO, review outstanding permits and may require reasonable revision or

modification of the permit provisions during the term of such permit: Provided,

that such revision or modification shall be based upon a written finding and

subject to notice and hearing requirements established by the CCRO.

Coal Exploration Permits

Coal exploration operations which substantially disturb the natural land surface

shall be conducted in accordance with exploration regulations issued by the

CCRO. Such regulations shall include, at a minimum:

qd) the requirement that prior to conducting any exploration under this

section, any person must file with the CCRO notice of intention to explore

and such notice shall include a description of the exploration area and the

period of supposed exploration; and

(2) provisions for reclamation in accordance with the performance standards

in section 311 of this Code of all lands disturbed in exploration, including

excavations, roads, drill holes, and the removal of necessary facilities and

equipment.

Information submitted to the CCRO pursuant to this subsection as confidential or

trade secrets or privileged commercial or financial information which relates to

the competitive rights of the person or entity intended to explore the described

area shall not be available for public examination.

Any person who conducts any coal exploration activities which substantially

disturb the natural land surface in violation of this section or regulations issued

pursuant thereto shall be subject to the provisions of section 315.

No operator shall remove more than two hundred and fifty tons of coal pursuant

to an exploration permit without the specific written approval of the CCRO.

Public Notice and Public Hearings

At the time of submission of an application for a coal mining and reclamation

permit, or revision of an existing permit, pursuant to the provisions of this Code,

the applicant shall submit to the CCRO a copy of his advertisement of the

ownership, precise location, and boundaries of the land to be affected. At the

time of submission such advertisement shall be placed by the applicant in a local

newspaper of general circulation in the locality of the proposed mine at least once

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(b)

Sec. 310.

a week for four consecutive weeks. The CCRO shall notify various Tribal and

other governmental bodies, planning agencies, and sewage and water treatment

authorities, or water companies in the locality in which the proposed mining will

take place, notifying them of the operator's intention to mine a particularly

described tract of land and indicating the application's permit number and where a

copy of the proposed mining and reclamation plan may be inspected. These

governmental bodies, agencies, authorities, or companies may submit written

comments within a reasonable period established by the CCRO on the mining

applications with respect to the effect of the proposed operation on the

environment which are within their area of responsibility. Such comments shall

immediately be transmitted to the applicant by the CCRO and shall be made

available to the public at the same locations as are the mining applications.

Any person having an interest which is or may be adversely affected or the officer

or head of any Tribal, federal, State or local governmental agency or authority

shall have the right to file written objections to the proposed initial or revised

application for a permit for coal mining and reclamation operation with the CCRO

within thirty days after the last publication of the above notice. Such objections

shall immediately be transmitted to the applicant by the CCRO and shall be made

available to the public. If written objections are filed and an informal conference

requested, the CCRO shall then hold an informal conference in Crow Agency or

such other place as specified by the CCRO in the locality of the proposed mining,

if requested within a reasonable time of the receipt of such objections or request.

The date, time and location of such informal conference shall be advertised by the

CCRO in a newspaper of general circulation in the locality of the proposed coal

mining and reclamation operation at least two weeks prior to the scheduled

conference date. The CCRO may arrange with the applicant upon request by any

party to the administrative proceeding access to the proposed mining area for the

purpose of gathering information relevant to the proceeding. An electronic or

stenographic record shall be made of the conference proceeding, unless waived by

all parties. Such record shall be maintained and shall be accessible to the parties

until final release of the applicant's performance bond. In the event all parties

requesting the informal conference stipulate agreement prior to the requested

informal conference and withdraw their request, such informal conference need

not be held.

Decisions of the CCRO and Appeals

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Crow Coal Mining and Reclamation Code

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(a)

(b)

(©)

(d)

If an informal conference has been held pursuant to section 309(b), the CCRO

shall issue and furnish the applicant for a permit and persons who are parties to

the administrative proceedings with the written finding of the CCRO within 60

days of the conference, granting or denying the permit in whole or in part and

stating the reasons therefor.

If there has been no informal conference held pursuant to section 309(b), the

CCRO shall notify the applicant for a permit within a reasonable period of time as

determined by the CCRO and set forth in regulations, taking into account the time

needed for proper investigation of the site, the complexity of the permit

application, and whether or not written objection to the application has been filed,

whether the application has been approved or disapproved in whole or in part.

If the application is approved the permit shall be issued. If the application is

disapproved specific reasons therefor must be set forth in the notification. Within

thirty days after the applicant is notified of the final decision of the CCRO on the

permit application, the applicant or any person with an interest which is or may be

adversely affected may request a hearing on the reasons for the final

determination. The CCRO shall hold a hearing within thirty days of such request

and provide notification to all interested parties at the time that the applicant is so

notified. Such hearing shall be of record and governed by Section 319,

adjudicatory in nature and no person who presided at a conference under section

309(b) shall either preside at the hearing or participate in the decision thereon or

in any administrative appeal therefrom. Within thirty days after the hearing the

CCRO shall issue and furnish the applicant, and all persons who participated in

the hearing, with the written decisions of the CCRO granting or denying the

permit in whole or in part and stating the reasons therefor.

Where a hearing is requested pursuant to subsection (c), the CCRO may, under

such conditions as it may prescribe, grant such temporary relief as it deems

appropriate pending final determination of the proceedings if:

(1) all parties to the proceedings have been notified and given an opportunity

to be heard on a request for temporary relief;

(2) the person requesting such relief shows that there is a substantial

likelihood that he will prevail on the merits of the final determination of

the proceeding; and

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(¢)

(f)

Sec. 311.

(a)

(b)

(3) such relief will not adversely affect the public health or safety or cause

significant imminent environmental harm to land, air, or water resources.

For the purpose of such hearing, the CCRO may administer oaths, subpoena

witnesses, or written or printed materials, compel attendance of the witnesses, or

production of the materials, and take evidence including but not limited to site

inspections of the land to be affected and other coal mining operations carried on

by the applicant in the general vicinity of the proposed operation. A verbatim

record of each public hearing required by this Code shall be made, and a

transcript made available on the motion of any party or by order of the CCRO.

Any applicant or any person with an interest which is or may be adversely

affected who has participated in the administrative proceedings as an objector,

and who is aggrieved by the decision of the CCRO, or if the CCRO fails to act

within the time limits specified in this Code, shall have the right to appeal in

accordance with Section 324.

Environmental Protection Performance Standards

Any permit issued pursuant to this Code to conduct coal mining operations shall

require that such coal mining operations will meet all applicable performance

standards of this Code, and such other requirements as the CCRO shall

promulgate.

General performance standards shall be applicable to all coal mining and

reclamation operations and shall require the operation as a minimum to:

(1) conduct coal mining operations so as to maximize the utilization and

conservation of the solid fuel resource being recovered so that reaffecting

the land in the future through coal mining can be minimized;

(2) restore the land affected to a condition capable of supporting the uses

which it was capable of supporting prior to any mining, or higher or better

uses of which there is reasonable likelihood, so long as such use or uses do

not present any actual or probable hazard to public health or safety or pose

any actual or probable threat of water diminution or pollution, and the

permit applicant's declared proposed land use following reclamation is not

deemed to be impractical or unreasonable, inconsistent with applicable

land use policies and plans, involves unreasonable delay in

implementation, or is violative of Federal or Tribal law;

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(4)

except as provided in subsection (c) with respect to all coal mining

operations, backfill, compact (where advisable to ensure stability or to

prevent leaching of toxic materials), and grade in order to restore the

approximate original contour of the land with all high walls, spoil piles,

and depressions eliminated (unless small depressions are needed in order

to retain moisture to assist revegetation or as otherwise authorized

pursuant to this Code): Provided, however, that in coal mining which is

carried out at the same location over a substantial period of time where the

operation transects the coal deposit, and the thickness of the coal deposits

relative to the volume of the overburden is large and where the operator

demonstrates that the overburden and other spoil and waste materials at a

particular point in the permit area or otherwise available from the entire

permit area is insufficient, giving due consideration to volumetric

expansion, to restore the approximate original contour, the operator, at a

minimum, shall backfill, grade, and compact (where advisable) using all

available overburden and other spoil and waste materials to attain the

lowest practicable grade but not more than the angle of repose, to provide

adequate drainage and to cover all acid-forming and other toxic materials,

in order to achieve an ecologically sound land use compatible with the

surrounding region: And provided further, that in coal mining where the

volume of overburden is large relative to the thickness of the coal deposit

and where the operator demonstrates that due to volumetric expansion the

amount of overburden and other spoil and waste materials removed in the

course of the mining operation is more than sufficient to restore the

approximate original contour, the operator shall after restoring the

approximate contour, backfill, grade, and compact (where advisable) the

excess overburden and other spoil and waste materials to attain the lowest

grade but not more than the angle of repose, and to cover all acid-forming

and other toxic materials, in order to achieve an ecologically sound land

use compatible with the surrounding region and that such overburden or

spoil shall be shaped and graded in such a way as to prevent slides,

erosion, and water pollution and is revegetated in accordance with the

requirements of this Code;

stabilize and protect all surface areas including spoil piles affected by the

coal mining and reclamation operation to effectively control erosion and

attendant air and water pollution;

April 2010 Legislative Session

Crow Coal Mining and Reclamation Code

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(5)

(6)

remove the topsoil from the land in a separate layer, replace it on the

backfill area, or if not utilized immediately, segregate it in a separate pile

from other spoil and when the topsoil is not replaced on a backfill area

within a time short enough to avoid deterioration of the topsoil, maintain a

successful cover by quick growing plant or other means thereafter so that

the topsoil is preserved from wind and water erosion, remains free of any

contamination by other acid or toxic material, and is in a usable condition

for sustaining vegetation when restored during reclamation, except if

topsoil is of insufficient quantity or of poor quality for sustaining

vegetation, or if other strata can be shown to be more suitable for

vegetation requirements, then the operator shall remove, segregate, and

preserve in a like manner such other strata which are best able to support

vegetation;

restore the topsoil or the best available subsoil which is best able to

support vegetation;

for all prime farmlands as identified in section 303(b)(16) to be mined and

reclaimed, specifications for soil removal, storage, replacement, and

reconstruction shall be established by the CCRO in accordance with

standards established by the U.S. Secretary of Agriculture, and the

operator shall, as a minimum, be required to:

(A) _ segregate the A horizon of the natural soil, except where it can be

shown that other available soil materials will create a final soil

having a greater productive capacity; and if not utilized

immediately, stockpile this material separately from other spoil,

and provide needed protection from wind and water erosion or

contamination by other acid or toxic material;

(B) _ segregate the B horizon of the natural soil, or underlying C

horizons or other strata, or a combination of such horizons or other

strata that are shown to be both texturally and chemically suitable

for plant growth and that can be shown to be equally or more

favorable for plant growth than the B horizon, in sufficient

quantities to create in the regraded final soil a root zone of

comparable depth and quality to that which existed in the natural

soil; and if not utilized immediately, stockpile this material

separately from other spoil, and provide needed protection from

April 2010 Legislative Session

Crow Coal Mining and Reclamation Code

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(8)

(9)

(C)

(D)

wind and water erosion or contamination by other acid or toxic

material;

replace and regrade the root zone material described in (B) above

with proper compaction and uniform depth over the regraded spoil

material; and

redistribute and grade in a uniform manner the surface soil horizon

described in subparagraph (A);

create, if authorized in the approved mining and reclamation plan and

permit, permanent impoundments of water on mining sites as part of

reclamation activities only when it is adequately demonstrated that:

(A)

(8)

(C)

(D)

(E)

()

the size of the impoundment is adequate for its intended purposes;

the impoundment dam construction will be so designed as to

achieve necessary stability with an adequate margin of safety

compatible with that of structures constructed under Public Law

83-566 (16 USC 1006);

the quality of impounded water will be suitable on a permanent

basis for its intended use and that discharges from the

impoundment will not degrade the water quality below water

quality standards established pursuant to applicable federal and

Tribal law in the receiving stream;

the level of water will be reasonably stable;

final grading will provide adequate safety and access for proposed

water users; and

such water impoundments will not result in the diminution of the

quality and quantity of water utilized by adjacent or surrounding

landowners for agricultural, industrial, recreational, municipal,

recreational, or domestic uses;

conduct any augering operation associated with other mining in a manner

to maximize recoverability of mineral reserves remaining after the

operation and reclamation are complete; and seal all auger holes with an

impervious and noncombustible material in order to prevent drainage

except where the CCRO determines that the resulting impoundment of

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[Read from a scan; the first 30 pages.]

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.