[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Rules and Regulations]
[Pages 65068-65071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31491]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SPATS No. TX-039-FOR]
Texas Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving an amendment to the Texas abandoned mine land
reclamation plan (from now on referred to as the ``Texas plan'') under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Texas
proposed additions, deletions, and revisions to its plan pertaining to
Responsibilities; Definitions; Abandoned mine land reclamation fund;
Eligible coal lands and water; Reclamation objectives and priorities;
Reclamation project evaluations; Utilities and other facilities;
Limited liability; Entry for studies or exploration; Contractor
responsibility; Eligible noncoal lands and water; Reclamation
priorities for noncoal program; Exclusion of certain noncoal
reclamation sites; Land acquisition authority--noncoal; Lien
requirements; Written consent for entry; Operations on private land;
Entry and consent to reclaim; Appraisals; Liens; Satisfaction of liens;
Entry for emergency reclamation; Land eligible for acquisition;
Procedures for acquisition; Acceptance of gifts of land; Management of
acquired land; and Disposition of reclaimed lands. Texas intended to
revise its plan to be consistent with the corresponding Federal
regulations.
EFFECTIVE DATE: November 25, 1998.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa
Field Office, Office of Surface Mining, 5100 East Skelly Drive, Suite
470, Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430, E-mail:
mwolfrom@mcrgw.osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Plan
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Texas Plan
On June 23, 1980, the Secretary of the Interior approved the Texas
plan. You can find background information on the Texas plan, including
the Secretary's findings, the disposition of comments, and the approval
of the plan in the June 23, 1980, Federal Register (45 FR 41937). You
can also find later actions concerning the Texas plan and amendments at
30 CFR 943.25.
II. Submission of the Proposed Amendment
By letter dated December 1, 1997 (Administrative Record No. TAML-
61), Texas submitted a proposed amendment to its plan under the
provisions of SMCRA. Texas submitted the amendment at its own
initiative. We announced receipt of the amendment in the December 29,
1997, Federal Register (62 FR 67592). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the amendment. The public comment period
closed on January 28, 1998.
During our review of the amendment, we identified concerns relating
to the following sections: Eligible coal lands and water; Reclamation
priorities for noncoal program; Land acquisition authority-noncoal;
Lien requirements; Satisfaction of liens; Entry and consent to reclaim;
Appraisals; Entry for emergency reclamation; Land eligible for
acquisition; Disposition of reclaimed lands; Liens. We also identified
editorial corrections in the two sections, Responsibilities and
Definitions. We notified Texas of the concerns by facsimiles dated
March 9, and August 25, 1998 (Administrative Record Nos. TAML-61.08 and
TAML-61.10, respectively). Texas responded in letters dated July 20,
and September 3, 1998, by submitting additional explanatory information
and a revised amendment (Administrative Record Nos. TAML-61.09 and
TAML-61.12, respectively).
Texas proposed additional revisions to the following sections:
12.803 Eligible coal lands and water; 12.809 Reclamation priorities for
noncoal program; 12.811 Land acquisition authority-noncoal; 12.812 Lien
requirements; 12.814 Entry and consent to reclaim; 12.815 Appraisals;
12.816 Liens; 12.817 Satisfaction of liens; 12.818 Entry for emergency
reclamation; 12.819 Land eligible for acquisition; 12.820 Procedures
for acquisition; 12.821 Acceptance of gifts of lands; 12.822 Management
of acquired land; and 12.823 Disposition of reclaimed lands.
Based upon the additional explanatory information and revisions to
the proposed plan amendment submitted by Texas, we reopened the public
comment period in the October 2, 1998, Federal Register (63 FR 53003).
The public comment period closed on October 19, 1998.
III. Director's Findings
Set forth below, under the provisions of SMCRA and the Federal
regulations at 30 CFR 884.14 and 884.15, are our findings concerning
the proposed amendment. Revisions not specifically discussed below
concern nonsubstantive wording changes, or revised cross-references and
paragraph notations to reflect organizational changes resulting from
this amendment.
A. Sections That Texas Deleted From Its Regulations
1. Section 12.805, Reclamation Project Evaluation
Texas proposed to delete this section. We are approving this
deletion because we have no counterpart Federal regulation and the
deletion will not make the Texas regulations inconsistent with the
Federal regulations.
2. Section 12.814, Operations on Private Lands
Texas proposed to delete this section. We are approving this
deletion because the provisions in this section are contained in new
Sections 12.814, Entry and Consent to Reclaim and 12.815, Entry for
Emergency Reclamation. Also, the deletion will not make the Texas
regulations inconsistent with the Federal regulations.
B. Revisions to Texas' Plan That Are Substantively Identical to the
Corresponding Provisions of the Federal Regulations
The proposed State regulations listed in the table contain language
that is the same as or similar to the corresponding sections of the
Federal regulations. Differences between the proposed State provisions
and the Federal provisions are nonsubstantive.
[[Page 65069]]
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Topic State regulation Federal counterpart regulation
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Definitions for abandoned mine Section 12.801....................... 30 CFR 870.5.
reclamation fund or fund,
eligible lands and water,
emergency, extreme danger, left
or abandoned in either an
unreclaimed or inadequately
reclaimed condition, mineral
owner, OSM, permanent facility,
project, reclamation activity,
State reclamation program, Texas
abandoned mine reclamation fund
or State fund.
Texas Abandoned Mine Reclamation Section 12.802....................... 30 CFR 872.12.
Fund.
Eligible Coal Lands and Water.... Section 12.803....................... 30 CFR 874.12.
Reclamation Objectives and Section 12.804....................... 30 CFR 874.13.
Priorities.
Utilities and other Facilities... Section 12.805....................... 30 CFR 874.14 (b) and (d).
Limited Liability................ Section 12.806....................... 30 CFR 874.15.
Contractor Responsibility........ Section 12.807....................... 30 CFR 874.16 and 875.20.
Eligible Noncoal Lands and Water. Section 12.808....................... 30 CFR 875.14.
Reclamation Priorities for Section 12.809....................... 30 CFR 875.15.
Noncoal Program.
Exclusion of Certain Noncoal Section 12.810....................... 30 CFR 875.16.
Reclamation Sites.
Land Acquisition Authority-- Section 12.811....................... 30 CFR 875.17.
Noncoal.
Lien Requirements................ Section 12.812....................... 30 CFR 875.18.
Written Consent for Entry........ Section 12.813....................... 30 CFR 877.11
Procedures for Acquisition....... Section 12.820....................... 30 CFR 879.12.
Management of Acquired Land...... Section 12.822....................... 30 CFR 879.14.
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Because the above proposed revisions are identical in meaning to
the corresponding Federal regulations, we find that Texas' revised plan
is in compliance with the Federal regulations.
C. Revisions to Texas' Plan That Are Not Substantively Identical to the
Corresponding Provisions of the Federal Regulations
1. Section 12.814, Entry and Consent to Reclaim
Texas proposed to repeal section 12.814, Operations on Private
lands, and adopt new section 12.814, Entry and Consent to Reclaim. This
new section authorizes the Commission to enter land to perform
reclamation activities or conduct studies or exploratory work to
determine the existence of the adverse effects of past coal mining with
or without the landowner's permission. The Commission must give a
minimum of 30 days written notice to the landowner before entering
property where the landowner's permission to enter has not been
obtained or where the landowner is not known or is readily available.
If the landowner is known, the Commission will send the written notice
by mail, return receipt requested, along with a copy of the written
findings required under paragraph (c)(1) of this section. If the
landowner is not known, or if the current mailing address of the
landowner is not known, the Commission will post a notice in one or
more places on the property to be entered where it is readily visible
to the public. The Commission will also advertise once in a newspaper
of general circulation in the locality in which the land is located.
The advertisement must include a statement of where the findings
required under paragraph (c)(1) of this section may be inspected or
obtained.
We are approving this revision because it is consistent with the
counterpart Federal regulations at 30 CFR 877.13.
2. 12.816, Liens
In paragraph (a)(2), Texas proposed to add a provision that allows
it to notify landowners of the amount of the proposed lien and to give
the landowners a reasonable amount of time to pay the lien before the
lien is placed against the property.
Also, in paragraph (d), Texas proposed to conduct hearings and any
appeals by landowners concerning the amounts of the liens under Chapter
2001, Government Code.
The State removed language that required it to place a lien against
reclaimed land if the reclamation results in an increase in the fair
market value with one exception. This exception is that the State may
waive the lien if the cost of filing it exceeds the increase in fair
market value as a result of the reclamation activities. The State
proposed to allow itself the discretion to place a lien against the
reclaimed land and to also retain the exception for waiving liens.
We are approving these revisions because they are in compliance
with the counterpart Federal regulations at 30 CFR 882.13.
3. 12.818, Entry for Emergency Reclamation
Texas proposed to adopt this new section to conform with the Texas
Natural Resources Code, Section 134.152 (b) and (c). This new section
allows the Commission to enter land where an emergency exists and other
land necessary to have access to that land. It also allows the
Commission to restore, reclaim, abate, control, or prevent the adverse
effects of coal mining practices, and to do whatever is necessary and
suitable to protect the public health, safety, or general welfare.
We are approving this new section because it is consistent with the
counterpart Federal regulations at 30 CFR 877.14(a). However, because
Texas has not formally assumed responsibility for its abandoned mine
land emergency program, we are under no obligation to reimburse it for
expenses it acquires in handling any emergencies under this section.
4. Section 12.819, Land Eligible for Acquisition
This section sets forth the criteria that any land must meet before
the State can purchase the land with abandoned mine land reclamation
funds. We are approving this section because it is in compliance with
the Federal regulations at 30 CFR 879.11.
5. Section 12.821, Acceptance of Gifts of Land
Texas proposed to renumber this section from Section 12.812 to
12.821. Texas revised paragraphs (a) and (c) to read as follows:
(a) The Commission under an approved reclamation plan may accept
donations of title to land or interests in land if the land proposed
for donation meets the requirements set out in Sec. 12.819 of this
title (relating to Land Eligible for Acquisition).
(c) If the offer is accepted, a deed of conveyance shall be
executed, acknowledged and recorded. The deed shall state that it is
made ``as a gift under the Texas Surface Coal Mining and Reclamation
Act.'' Title to donated land shall be in the name of the state of
Texas.
[[Page 65070]]
We are approving these revisions because they are consistent with
the Federal regulations at 30 CFR 879.13.
6. Section 12.823, Disposition of Reclaimed Land
Texas proposed to renumber this section from Section 12.813 to
12.823, and to reformat this section. This section sets forth the
criteria under which the State may dispose of land acquired under
Section 12.819, Land Eligible for Acquisition. We are approving this
revision because it is in compliance with the Federal regulations at 30
CFR 879.15.
D. Revisions to Texas' Plan That Do Not Have Corresponding Provisions
in the Federal Regulations
Texas proposed section 12.800 Responsibilities as an addition to
its regulations. This section sets forth the responsibilities that the
Commission will have regarding the Texas Abandoned Mine Land
Reclamation Program. We previously approved this section in the April
22, 1998, Federal Register notice (63 FR 19821).
IV. Summary and Disposition of Comments
Public Comments
We asked the public for comments and provided an opportunity for a
public hearing on the proposed amendment. We did not receive any public
comments, and because no one requested an opportunity to speak at a
public hearing, we did not hold one.
Federal Agency Comments
Under the provisions of 30 CFR 884.14(a)(2) and 884.15(a), we
requested comments on the proposed amendment from various other Federal
agencies with an actual or potential interest in the Texas plan. We
received comments from the U.S. Army Corps of Engineers in letters
dated January 27, and October 5, 1998 (Administrative Record Nos. TAML-
61.06 and TAML-61.16, respectively). The letters stated that the
changes Texas proposed in its amendment were satisfactory.
V. Director's Decision
Based on the above findings, we approve the proposed plan amendment
as submitted by Texas on December 1, 1997, and as revised on September
3, 1998. We approve the regulations as proposed by Texas with the
provision that Texas fully issue, in identical form, the regulations
they submitted and we and the public reviewed.
We are amending the Federal regulations at 30 CFR Part 943, that
codify decisions concerning the Texas plan. We are also making this
final rule effective immediately to expedite the State plan amendment
process and to encourage States to bring their plans into conformity
with the Federal standards without undue delay. SMCRA requires
consistency of State and Federal standards.
VI. Procedural Determinations
Executive Order 12866
This proposed rule is exempted from review by the Office of
Management and Budget (OMB) under Executive Order 12866 (Regulatory
Planning and Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State and Tribal abandoned mine land reclamation plans and revisions
since each plan is drafted and issued by a specific State or Tribe, not
by OSM. Decisions on proposed abandoned mine land reclamation plans and
revisions submitted by a State or Tribe are based on a determination of
whether the submittal meets the requirements of Title IV of SMCRA (30
U.S.C. 1231-1243) and 30 CFR Part 884.
National Environmental Policy Act
This rule does not require an environmental impact statement since
agency decisions on proposed State and Tribal abandoned mine land
reclamation plans and revisions are categorically excluded from
compliance with the National Environmental Policy Act (42 U.S.C. 4332)
by the Manual of the Department of the Interior (516 DM 6, appendix 8,
paragraph 8.4B(29)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The submittal which is the subject of this rule is based upon
corresponding Federal regulations for which an economic analysis was
prepared and certification made that the regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously issued by OSM will be implemented. In making the
determination as to whether this rule would have a significant economic
impact, the Department relied upon the data and assumptions in the
analyses for the corresponding Federal regulations.
Unfunded Mandates
OSM has determined and certifies under the provisions of the
Unfunded Mandates Reform Act (2 U.S.C. 1502 et seq.) that this rule
will not impose a cost of $100 million or more in any given year on
local, state, or tribal governments or private entities.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: November 6, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR Part 943 is amended
as set forth below:
PART 943--TEXAS
1. The authority citation for Part 943 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 943.25 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 943.25 Approval of Texas abandoned mine land reclamation plan
amendments.
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Original amendment submission date Date of final publication Citation/description
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December 1, 1997........................ November 25, 1998.......... 12.800 through .814; .815(d); .816; .818
through .823.
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[[Page 65071]]
[FR Doc. 98-31491 Filed 11-24-98; 8:45 am]
BILLING CODE 4310-05-P
