In its final ruling on the issue, OSM noted that recreational facilities could be allowed post-mining land uses under the "public facility" section of federal law.
But, OSM said, "To qualify for the variance, the recreation facilities must be ëdeveloped' and must also be ëpublic' in nature.
" ëRecreational facilities' might include developed recreational facilities such as parks, camps and amusement areas, as well as areas developed for uses such as hiking, canoeing and other less intensive recreational uses," OSM said.
"However, even the less intensive recreation facilities would require structures or developments to support the public uses," the agency said. "For example, less intensive recreation facilities such as those for hiking and camping may require access roads, parking lots, restrooms, developed trails, boat ramps, camping shelters, etc."
OSM also ordered the state to tighten its post-mining land use requirements.
Currently, state law allows "public use" as a post-mining land use.
OSM said the state must change that language to "public facility [including recreation facilities] use" to match the federal law.