MEMORANDUM OF UNDERSTANDING. between the ASSOCIATION OF AMERICAN STATE GEOLOGISTS. and the U.S. DEPARTMENT OF THE INTERIOR OFFICE OF SURFACE MINING

Transcription

1 MEMORANDUM OF UNDERSTANDING between the ASSOCIATION OF AMERICAN STATE GEOLOGISTS and the U.S. DEPARTMENT OF THE INTERIOR OFFICE OF SURFACE MINING

2 MEMORANDUM OF UNDERSTANDING between the ASSOCIATION OF AMERICAN STATE GEOLOGISTS and the U.S. DEPARTMENT OF THE INTERIOR OFFICE OF SURFACE MINING I. AUTHORITY This Memorandum of Understanding (MOU) is made and entered into by and between the Association of American State Geologists, hereinafter referred to as AASG, and the, U.S. Department of the Interior, hereinafter referred to as OSM, under the provisions of Section 413(a) of the Surface Mining Control and Reclamation Act of 1977, as amended (SMCRA). II. PURPOSE The purpose of this MOU is to establish a framework for cooperative efforts between the two organizations to promote and share geologic research, especially as it relates to water quality, geologic hazards, and environmental protection. III. STATEMENT OF MUTUAL INTEREST AND MUTUAL BENEFITS The Association of American State Geologists is an organization of the chief executives of the State geological surveys in 50 States and Puerto Rico. The responsibilities of the various State surveys differ from State to State, depending upon the enabling legislation and the traditions under which they evolved. Almost all function as a basic information source for their State governments' executive, legislative, and judicial branches. Some have regulatory responsibilities for water, oil and gas, land reclamation, etc. The is involved in the regulation of active coal mining as well as the reclamation of mine lands abandoned prior to the passage of SMCRA. Generally, the coal mining and abandoned mine land (AML) programs are administered by States or Indian tribes through programs that have been approved by OSM. Often the State geologic divisions will administer, or play a major role in administering, these programs. For those States or Indian tribes without an approved program, OSM is the reclamation authority. The primary mission is to restore and reclaim land and water that have been degraded by mining, active or abandoned, in order to provide America with cleaner and safer land and water. The Office of Surface

3 Mining is committed to building partnerships with other federal agencies, States, and local groups to help fulfill this mission. The Association of American State Geologists and OSM have responsibilities and common interests in protecting the environment, especially water resources, and protecting the public from geologic hazards. It is mutually agreed that AASG and OSM will share geologic or hydrologic information and will assist each other in educating States and Indian tribes regarding beneficial data. In consideration of the above premises, AASG and OSM agree as follows: IV. THE OFFICE OF SURFACE MINING SHALL: 1. Consider the goals and objectives of AASG in the development and implementation of abandoned mine land reclamation standards and recommendations to States and Indian tribes. 2. Provide assistance to AASG, if requested, in the development of State or national program criteria that will promote our common interests. 3. Upon request, share information of interest to AASG that may be gathered through the Appalachian Clean Streams Initiative, the AML program, or any technology project conducted by OSM. 4. Meet with AASG on a regular basis to discuss issues of common interest. V. THE ASSOCIATION OF AMERICAN STATE GEOLOGISTS SHALL: 1. Provide assistance to OSM, if requested, in the development of State or national program criteria that will promote our common interests as specifically related to coal mining and AML programs. 2. Upon request, share information of interest to OSM that may be gathered through AASG-sponsored geologic or hydrologic research. 3. Provide expertise and consultation, if requested by OSM, in matters concerning geologic mapping, including digitized data for identifying geologic hazards as they may relate to AML reclamation. 3. Acknowledge the assistance of OSM in its publications or other works resulting from its activities under this MOU. 4. Not refer to this MOU in commercial advertising in a manner that states or implies that OSM has approved or endorsed the activities of AASG. VI. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE SAID PARTIES THAT:

4 1. AASG and OSM will meet on a regular basis to discuss, identify, and coordinate any proposed projects that will achieve the goals of this MOU. This can be in conjunction with the regularly scheduled AASG Liaison Committee meeting or at such other times as mutually desired. 2. As agreed to on a project-by-project basis, they will assist each other in the planning, implementation, and monitoring of projects developed subsequent to this agreement. 3. This MOU in no way restricts AASG or OSM from participating in similar activities or arrangements with other public or private agencies, organizations, or persons. 4. Nothing in this MOU shall be construed as giving AASG or OSM any type of exclusive arrangements to the exclusion or detriment of other interested groups or organizations. 5. This MOU does not constitute an obligation or commitment of federal funds. Any project involving reimbursement or contribution of funds between OSM and AASG will be handled in accordance with applicable laws, regulations, and procedures, and will be subject to the availability of appropriate funds. 6. This agreement will become effective upon approval by both parties, and will extend for a period of five years thereafter. At the conclusion of the five-year period, this agreement will be reviewed to determine whether it should be renewed, modified, or terminated. A letter signed by both parties shall be sufficient to renew this agreement for an additional period not to exceed five years. 7. This agreement may be terminated at any time prior to its expiration upon mutual agreement of both parties or upon written notice by either party to the other. 8. This agreement may be modified by amendment at any time upon written agreement by both parties. VII. THE PRINCIPAL CONTACTS FOR THIS AGREEMENT ARE:

5 Vicki J. Cowart, State Geologist Colorado Geological Survey 1313 Sherman St., Room 715 Denver, CO Phone: (303) Gene Krueger, Chief Division of Reclamation Support 1951 Constitution Ave. Washington, D.C Phone: (202) John Craynon, Chief Technology Development 1951 Constitution Ave. Washington, D.C Phone: (202) VIII. EFFECTIVE DATE: IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the last written date below. KATHRINE L. HENRY Date Acting Director JON PRICE President Association of American State Geologists Date