Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R643. Natural Resources; Oil, Gas and Mining; Abandoned Mine Reclamation.

Rule R643-886. State Reclamation Grants.

As in effect on October 1, 2019

Table of Contents

R643-886-100. Scope.

The rules under R643-886 set forth procedures for grants to the Division for the reclamation of eligible lands and water and other activities necessary to carry out the plan as approved.

110. Eligibility for Grants. The Division is eligible for grants under R643-886 if it has a Reclamation Plan approved under 30 CFR Part 884.

120. Coverage and Amount of Grants.

121. The Division may use moneys granted under R643-886 to administer the approved Reclamation Program and to carry out the specific reclamation activities included in the plan and described in the annual grant agreement. The moneys may be used to cover direct costs to the Division for services and materials obtained from other state agencies or local jurisdictions.

122. Grants will be approved for reclamation of eligible lands and water, construction of public facilities, program administration, the incremental cost of filling voids and sealing tunnels with waste from mine waste piles reworked for conservation purposes, and community impact assistance. To the extent technologically and economically feasible, public facilities that are planned, constructed, or modified in whole or in part with abandoned mine land grant funds should utilize fuel other than petroleum or natural gas.

123. Acquisition of land or interests in land and any mineral or water rights associated with the land will be approved for up to 90 percent of the costs.

R643-886-200. Administrative Procedures.

The Division will follow administrative procedures governing accounting, payment, property, and related requirements contained in Office of Management and Budget Circular No. A-102.

210. Allowable Costs.

211. Reclamation project costs which will be allowed include actual costs of construction, operation and maintenance, planning and engineering, inspection, other necessary administration costs and up to 90 percent of the costs of the acquisition of land.

212. Costs must conform with any limitation, conditions, or exclusions set forth in the grant agreement.

220. Financial Management.

221. The Division will account for grant funds in accordance with the requirement of Office of Management and Budget Circular No. A-102. The Division will use generally accepted accounting principles and practices consistently applied. Accounting for grant funds must be accurate and current.

222. The Division will adequately safeguard all accounts, funds, property, and other assets and will assure that they are used solely for authorized purposes.

223. The Division will provide a comparison of actual amounts spent with budgeted amounts for each grant.

224. When advances are made by a letter-of-credit method, the Division will make drawdowns from the U.S. Treasury through its commercial bank as closely as possible to the time of making the disbursements.

225. The Division will design a systematic method to assure timely and appropriate resolution of audit findings and recommendations.

230. Reports.

231. The Division will for each grant/cooperative agreement submit quarterly to the Office the following reports prepared according to Office of Management and Budget Circular No. A-102, Attachments H and I:

231.100. Financial Status Report, Form SF-269 for the agency's administrative grant/cooperative agreement and the Performance Report, Form OSM-51 covering the performance aspects of the grant/cooperative agreement.

231.200. Outlay Report and Request for Reimbursement for Construction Programs, Form SF-271 and the Performance Report, Form OSM-51 for each activity or project including projects previously funded or completed during the quarter.

232. The Division will for each grant/cooperative agreement submit annually to the Office the following reports prepared according to Office of Management and Budget Circular No. A-102, Attachments H and I:

232.100. A final Financial Status Report, Form SF-269 for the agency's administrative grant/cooperative agreement and a final Performance Report, Form OSM-51 covering the performance aspects of the grant/cooperative agreement.

232.200. A cumulative fourth quarter Outlay Report and Request for Reimbursement for Construction Programs, Form SF-271 and a cumulative annual Performance Report, Form OSM-51 which includes:

232.210. For each project or activity, a brief description and the type of reclamation performed, the project location, the landowner's name, the amounts of land or water reclaimed or being reclaimed and a summary of achieved or expected benefits.

232.220. For any land previously acquired but not disposed of, a statement of current or planned uses, location and size in acres, and any revenues derived from use of the land.

232.230. For any permanent facilities acquired or constructed but not disposed of, a description of the facility and a statement of current or planned uses, location, and any revenues derived from the use of the facility.

232.240. A Form OSM-76, "Abandoned Mine Land Problem Area Description," shall be submitted upon project completion to report the accomplishments achieved through the project.

240. Records.

241. The Division will maintain complete records in accordance with Office of Management and Budget Circular No. A-102, Attachment C. This includes, but is not limited to, books, documents, maps, and other evidence and accounting procedures and practices sufficient to reflect properly:

241.100. The amount and disposition by the Division of all assistance received for the program.

241.200. The total direct and indirect costs of the program for which the grant was awarded.

242. Subgrantees and contractors, including contractors for professional services, will maintain books, documents, papers, maps, and records which are pertinent to a specific grant award.

KEY

mines, reclamation

Date of Enactment or Last Substantive Amendment

June 22, 1995

Notice of Continuation

August 24, 2016

Authorizing, Implemented, or Interpreted Law

40-10-1 et seq.


Additional Information

Contact

For questions regarding the content or application of rules under Title R643, please contact the promulgating agency (Natural Resources; Oil, Gas and Mining; Abandoned Mine Reclamation). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.