INTERAGENCY AGREEMENT

BETWEEN

THE OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

AND

THE NATIONAL PARK SERVICE

THAT WHEREAS, the Office of Surface Mining Reclamation and Enforcement ("OSMRE") has responsibility under the Surface Mining Control and Reclamation Act of 1977 (SMCRA), Pub. L. 95-87, to promote the reclamation of mined areas left without adequate reclamation prior to the enactment of this Act and which continue in their unreclaimed condition to endanger the health, safety, and general welfare of the public, substantially degrade the quality of the environment and prevent or damage the beneficial use of land or water resources; and

WHEREAS, the National Park Service ("NPS") preserves unimpaired and interprets natural, scenic and cultural values and objects in and around units of the National Park System for the benefit and enjoyment of present and future generations; and

WHEREAS, surface coal mines left abandoned and inadequately reclaimed prior to August 3, 1977, exist within the boundaries of such units and may pose a direct threat to the public health, safety and general welfare; and

WHEREAS, the Secretary recently instituted a "Take Pride in America" program to stimulate a public responsibility for Federal lands, and both OSMRE and NPS recognize the need to coordinate efforts to protect visitors to such lands from the health, safety, and general welfare problems caused by past mining practices and to reclaim such areas in order to conserve the natural, cultural and scenic values unimpaired for present and future generations;

NOW THEREFORE, pursuant to the authority contained in the Surface Mining Control and Reclamation Act of August 3, 1977 (91 Stat. 445; 30 U.S.C. 1201 et seq.) and the National Park Service Organic Act (16 u.s.c. I et seq.), and other laws pertinent to public health, safety, and environmental protection, the said parties agree as follows:

The purpose of this Interagency Agreement between OSMRE and NPS is to establish a mutually agreeable working arrangement whereby OSMRE will expend, subject to Congressional appropriations, up to $1,000,000 over the next five years from funds available to the Secretary of the Interior under section 402 (g) (3) of SMCRA, to abate dangers to the public health, safety, and general welfare resulting from past mining practices on lands within the boundaries of units of the National Park System. All expenditures made and actions taken under this Interagency Agreement shall be consistent with the preservation of the natural, scenic, and cultural values of the National Park System and section 403 of SMCRA.

II. Scope of Reclamation

Projects eligible for funding under this Interagency Agreement are those that address past mining practices on lands within the boundaries of the New River Gorge National River, Big South Fork National Recreation Area, and Friendship Hill National Historic Site, and which represent either an extreme danger (priority one) or danger (priority two) to the public health, safety or general welfare as set forth in section 403 of SMCRA, 30 U.S.C 1233. Projects will be conducted by OSMRE with the concurrence and technical assistance of NPS.

The NPS agrees that it will be responsible for:

a)

b)

Developing a detailed listing of all past mining sites
left abandoned or inadequately reclaimed prior to
August 3, 1977, that exist within the boundaries of
the specified units, including a description of the
danger posed to the public health, safety, or general
welfare from each site, and a description of the
impacts on park values and purposes;

Identifying priority one and two projects within the
specified units of the National Park System with OSMRE
assistance and ranking those projects;

Coordinating compliance with Sections 106 and 110 of the National Historic Preservation Act, 16 U.S.C. 470 et seg.:

Providing technical assistance to OSMRE in the development and execution of reclamation plans, including the preparation of contract specifications and contractor selection, so that the reclamation will be consistent with park purposes and values;

Furnishing to OSMRE all reports and data necessary for
OSMRE and NPS to effectively plan and carry out the
reclamation projects over the next five years;

Providing personnel or technical assistance as
required by OSMRE, and coordinating with and

disseminating information to private parties affected
by this Interagency Agreement so that reclamation
projects can be efficiently and effectively
implemented; and

Identifying and coordinating with OSMRE citizen

volunteer efforts to reclaim or abate lower priority projects on National Park System lands.

Responsibilities of OSMRE

OSMRE agrees that it will be responsible for:

a)

b)

c)

d)

e)

Determining that projects identified by the National Park Service meet SMC RA criteria for eligibility and priority;

Assisting NPS personnel in ranking eligible abandoned mine land sites and on reclamation procedures and other topics for which OSMRE has available and recognized expertise;

Developing and executing all reclamation plans and projects, after consultation and concurrence by NPS:

Providing up to $1,000,000 of financial support for selected projects over the next five years;

Developing and furnishing to NPS semiannual progress reports on all on-going reclamation projects undertaken pursuant to this Interagency Agreement;

f)

9)

Identifying and coordinating with NPS citizen volunteer efforts to reclaim or abate lower priority projects on National Park System lands; and

Assisting NPS in conveying its concerns to State
agencies responsible for State AML programs.

v. Public Information

Each agency will provide to the other prior to public release copies of all press releases or other reports or letters concerning this Interagency Agreement or the execution of reclamation projects to be undertaken. Joint coordination shall be acknowledged in all printed material. Release of information to the public regarding projects implemented under this Interagency Agreement will be by mutual agreement of OSMRE and NPS.

Once a year the Deputy Directors of OSMRE and NPS will meet to review the scope and progress of activities covered by this Interagency Agreement.

It shall be the duty of the designees listed below to establish the operational procedures, monitor progress, answer operational questions and resolve operational problems which may arise under this Interagency Agreement.

VIII. Obligation of Funds

Nothing in this Interagency Agreement shall be construed as obligating either agency to the expenditure of funds in excess of appropriations authorized by law, or otherwise commit eitne: agency to actions for which it lacks statutory authority.

IX. Effective Date and Modifications

This Interagency Agreement shall become effective on the last signature date below. If either Director finds that the terms of this Interagency Agreement require modification, that Director may notify the other Director in writing of the specific changes desired with proposed modification language and the reasons therefor. Modifications may include adding NPS units in addition to those already covered by this Interagency Agreement. The proposed changes snall become effective upon the agreement of the Directors.

This Interagency Agreement shall be in effect for five years after the last signature date below. Four months before the end of the five-year period, the Interagency Agreement will be reviewed, modified as needed, and a new Interagency Agreement established if necessary.