Abandoned Mine Land (AML) Reclamation Program; Enhancing AML Reclamation

We are publishing a final rule in response to the decision by the United States Court of Appeals, District of Columbia Circuit, remanding the February 12, 1999, Enhancing AML Reclamation Rule for further explanation as to the types of government expenses that will qualify as government financing under the rule. This rulemaking provides the requested explanation and represents a clarification and not a substantive change to the Abandoned Mine Land (AML) program authorized by the Surface Mining Control and Reclamation Act of 1977 ("SMCRA" or "the Act"). We are also taking this opportunity to explain what is meant by the prohibition in the rule against "in- kind" payments being counted towards the government financing of a "government-financed" construction.