[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR632.15]

[Page 393-394]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 632--RURAL ABANDONED MINE PROGRAM--Table of Contents
 
                        Subpart B--Qualifications
 
Sec. 632.15  Eligible uses and treatment of reclaimed lands.

    (a) Reclaimed lands and water may be used for cropland, hayland, 
pasture land, rangeland, woodland, wildlife land, natural areas, 
noncommercial recreation land, and the supporting uses associated with 
these land uses. Other land uses proposed by public entities for public 
use and benefit such as open space, conservation uses, natural areas, 
and recreation sites may be approved by the NRCS State conservationist 
in accordance with the priorities stated in Sec. 632.12. However, 
development of public sites, such as the installation of recreation 
facilities, is not eligible for cost sharing.
    (b) Reclaimed land use is determined by the objectives of the land 
user, compatibility of the land use with surrounding land use, and the 
practicability and feasibility of restoring the soil and water resources 
to support the use selected.
    (c) The maximum acreage of eligible lands and water that may be 
offered for contract under one ownership is 320 acres for the life of 
the program.
    (d) Conservation treatment eligible for Federal cost sharing 
includes the combination of practices needed and feasible to achieve:
    (1) Protection of life, property, and elimination of public health 
and safety hazards, including land stabilization.
    (2) Restoration of the environment where degraded by past mining, 
including water quality, visual quality, recreation resources, fish and 
wildlife habitat, and erosion and sediment control.
    (3) A site that can be developed for a beneficial use as specified 
in Sec. 632.15(a). Examples of eligible treatment that may be cost 
shared include but are not limited to: Land shaping and grading, 
critical area planting or other plantings for stabilization, improving 
visual quality, wildlife food and cover, diversions or terraces, 
waterways or lined ditches, grade stabilization structures, sediment 
basins, and special practices for sealing shafts and tunnels, correcting 
subsidence problems, or other unusual situations. Practices not eligible 
for cost sharing are those that are solely applied to develop a 
reclamation site (including sites developed by public entities for 
public use), increase the production of crops, or for the recurring 
maintenance of applied reclamation.
    (e) Applied conservation treatment is to meet the applicable Federal 
and State standards for the reclamation

[[Page 394]]

and conservation treatment of abandoned or inadequately reclaimed coal-
mined lands and water. Where needed, these standards are incorporated in 
local NRCS technical guides as the NRCS standards and specifications 
applicable to the program. Special practices as specified in 
Sec. 632.15(d) are to be developed in cooperation with appropriate State 
or Federal agencies having the expertise or responsibility for the 
practices.
    (f) NRCS State conservationists, in consultation with the State 
reclamation committee, are to:
    (1) Develop a list of practices that are eligible for cost sharing, 
and
    (2) Maintain, as applicable, lists of average costs of applying 
conservation treatment to eligible lands and waters.