[Federal Register Volume 64, Number 14 (Friday, January 22, 1999)]
[Rules and Regulations]
[Pages 3413-3420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1444]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 913
[SPATS No. IL-093-FOR]
Illinois 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 a proposed amendment to the Illinois
abandoned mine land reclamation plan (Illinois plan) under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). Illinois proposed
revisions and additions to the Illinois plan relating to agency
reorganization, legal opinion, definitions, project priorities,
utilities and other facilities, eligible coal lands and water, eligible
non-coal lands and water, project selection, annual grant process,
liens, rights of entry, public participation, bidding requirements and
conditions, contracts, and contractor responsibility. The amendment is
intended to revise the Illinois plan to be consistent with the
corresponding
[[Page 3414]]
Federal regulations and SMCRA and improve operational efficiency.
EFFECTIVE DATE: January 22, 1999.
FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director,
Indianapolis Field Office, Office of Surface Mining Reclamation and
Enforcement, Minton-Capehart Federal Building, 575 North Pennsylvania
Street, Room 301, Indianapolis, Indiana 46204-1521, Telephone (317)
226-6700.
SUPPLEMENTARY INFORMATION:
I. Background on the Illinois 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 Illinois Plan
On June 1, 1982, the Secretary of the Interior approved the
Illinois plan. You can find background information on the Illinois
plan, including the Secretary's findings, the disposition of comments,
and the approval of the plan in the June 1, 1982, Federal Register (47
FR 23886). You can find later actions concerning the Illinois plan and
amendments to the plan at 30 CFR 913.25.
II. Submission of the Proposed Amendment
By letter dated October 22, 1998 (Administrative Record No. IL-
5022), Illinois submitted a proposed amendment to its plan under SMCRA.
The amendment consisted of new and revised narrative discussions and
implementing regulations. Illinois sent the amendment in response to a
letter dated September 26, 1994 (Administrative Record No. IL-700-AML),
that we sent to Illinois under 30 CFR 884.15(d). The amendment also
includes changes made at Illinois' own initiative.
We announced receipt of the proposed amendment in the November 11,
1998, Federal Register (63 FR 63630). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing on the adequacy of the proposed amendment. The public comment
period closed on December 16, 1998.
During our review of the amendment, we identified concerns relating
to nonsubstantive editorial errors in Personnel (30 CFR 884.13(d)(2));
Procurement (30 CFR 884.13(d)(3)); 62 IAC 2501.10, Eligible Coal Lands
and Water; 62 IAC 2501.11, Eligible Non-coal Lands and Water; 62 IAC
2501.16, Final Selection and Project Deferment; 62 IAC 2501.19, Annual
Grant Process; 62 IAC 2501.25, Reclamation on Private Lands; 44 IAC
1150.40, Severability; 44 IAC 1150.200, Bidding Requirements and
Conditions; 44 IAC 1150.300, Awards and Execution of Contract; and 44
IAC 1150.1300, Contract Negotiations. We notified Illinois of these
concerns by letter dated December 16, 1998 (Administrative Record No.
IL-5034). However, because the editorial errors were nonsubstantive, we
are proceeding with this final rule.
III. Director's Findings
Set forth below, under 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.
1. General Changes
a. Illinois made the following reference changes throughout its
narrative and implementing regulations: all references to the
``Abandoned Mined Lands Reclamation Council'' and ``Council'' have been
changed to the ``Illinois Department of Natural Resources'' or
``Department''; all references to the ``Executive Director'' have been
changed to the ``Director of the Office of Mines and Mineral,''
``Director of the Department,'' or ``Director,'' as appropriate; all
references to ``Soil Conservation Service'' have been changed to
``Natural Resources Conservation Service''; and all references to
``him'' have been revised to ``him/her'' or some other gender neutral
reference.
Illinois also made the following statutory reference changes
throughout 62 IAC 2501: Ill. Rev. Stat. 1991, ch 96\1/2\, pars. 8001.01
et seq. was changed to 20 ILCS 1920; Ill. Rev. Stat. 1985, ch. 96\1/2\,
par. 8001.03(a)(7) was changed to 20 ILCS 1920/1.03(5); Ill. Rev. Stat.
1985, ch. 96\1/2\, par. 8001.01 et seq. was changed to 20 ILCS 1920;
Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq. was changed to 5
ILCS 100; Ill. Rev. Stat. 1989, ch. 96\1/2\, par. 8001.02(a) was
changed to 20 ILCS 1920/1.02; Ill. Rev. Stat. 1989, ch. 96\1/2\, par.
8001.03(a) was changed to 20 ILCS 1920/2.03(a); Ill. Rev. Stat. 1985,
ch. 96\1/2\, par. 8003.05 was changed to 20 ILCS 1920/3.05; Ill. Rev.
Stat. 1989, ch. 96\1/2\, par. 8002.09(b) was changed to 20 ILCS 1920/
2.09; Ill. Rev. Stat. 1983, ch. 96\1/2\, par. 800.04(d) was changed to
20 ILCS 1920/2.04(d); and Ill. Rev. Stat. 1985, ch. 127, pars.133b1 et
seq. was changed to 30 ILCS 605.
Finally, Illinois made the following statutory reference changes
throughout 44 IAC 1150: Ill. Rev. Stat. 1985, ch. 96\1/2\, pars.
8001.01 et seq. and Ill. Rev. Stat. 1991, ch. 127, par. 1005-75 were
changed to 20 ILCS 1920 and 5 ILCS 100/5-75, respectively.
We approve the above revisions because they do not alter the
substance of the Illinois plan.
b. 62 IAC 2501.1, Scope. Illinois revised the scope of this section
to reflect the creation of the IDNR. We approve the revision because it
merely reflects agency reorganization.
c. 62 IAC 2501.4, Definitions. Illinois removed the definition of
``council'' and added the definition of ``department'' to reflect the
creation of the IDNR. We approve the removal and addition of these
definitions because they merely reflect agency reorganization.
Illinois also expanded the definition of ``Federal Office'' to
refer to ``OSM.'' We approve the revised definition because it merely
clarifies the existing approved definition.
2. Plan Narrative: Introduction
Illinois revised this section of its plan narrative to describe the
history of the Illinois Abandoned Mined Lands Reclamation Program, the
creation of the Department of Natural Resources, and the requirements
of Title V of the Surface Mining Control and Reclamation Act of 1977.
We approve Illinois' revised narrative because it does not alter the
substance of the Illinois plan.
3. Eligible Coal Lands and Water
Eligible Coal Lands and Water, (30 CFR 874.12(e)). Illinois added
this new section to its plan narrative to state that the provisions of
62 IAC 2501.10 detail the eligibility of coal lands and waters for
reclamation and abatement. We approve the addition of this section to
the Illinois plan narrative because it is not inconsistent with the
requirements of 30 CFR 884.13.
Section 2501.10, Eligible Coal Lands and Water. Illinois added new
paragraphs (d) through (h) to its implementing regulations at 62 IAC
2501.10 to read as follows:
(d) Notwithstanding subsections (a), (b) and (c) of this
section, coal lands and waters damaged and abandoned after August 3,
1997 by coal mining processes are also eligible if the Department,
with the concurrence of OSM, finds in writing that:
(1) They were mined for coal or affected by coal mining
processes; and
(A) The mining occurred and the site was left in either an
unreclaimed or inadequately reclaimed condition between August 4,
1977 and June 1, 1982, and any funds for reclamation or abatement
that are available pursuant to a bond or other form of financial
guarantee or from any other source are not
[[Page 3415]]
sufficient to provide for adequate reclamation or abatement at the
site, or
(B) The mining occurred between August 4, 1977 and November 5,
1990 and the surety of the mining operator became insolvent during
that period, and as of November 5, 1990, funds immediately available
from proceedings relating to insolvency, or from any financial
guarantee or other source, are not sufficient to provide for
adequate reclamation or abatement at the site; and
(2) The site qualifies as a priority 1 or 2 site under Section
2501.7(c) and (e) of this Part.
(e) The Department may expend funds available under subsections
402(g)(1) and (5) of the Surface Mining Control and Reclamation Act
for reclamation and abatement of any site eligible under Subsection
(d) above, if the Department, with concurrence of OSM, makes the
findings required in subsection (d) above and the Department
determines that the reclamation priority of the site is the same or
more urgent that the reclamation priority for the lands and water
eligible pursuant to subsections (a), (b) or (c) above that quality
as a priority 1 or 2 site under Section 403(a) of the Surface Mining
Control and Reclamation Act (30 U.S.C. 1233(a)).
(f) With respect to lands and waters eligible pursuant to
subsection (d) or (e) above, monies available from sources outside
the Abandoned Mine Reclamation Federal Trust Fund or that are
ultimately recovered from responsible parties shall either be used
to offset the cost of the reclamation or transferred to the
Abandoned Mine Reclamation Federal Trust Fund if not required for
further reclamation activities at the permitted site.
(g) If reclamation of a site covered by an interim or permanent
program permit is carried out under the AML program, the permittee
of the site shall reimburse the AML Fund for the cost of reclamation
that is in excess of any bond forfeited to ensure reclamation. The
Department, when performing reclamation under subsection (d) above
shall not be held liable for any violations of any performance
standards or reclamation requirements specified in Title V of the
Federal Act, or in the Surface Coal Mining Land Conservation and
Reclamation Act [225 ILCS 720], nor shall a reclamation activity
undertaken on such lands or waters be held to any standards set
forth in those Acts.
(h) Surface coal mining operations on lands eligible for
remining shall not affect the eligibility of such lands for
reclamation and restoration after the release of the bonds or
deposits posted by any such operation. If the bond or deposit for a
surface coal mining operation on lands eligible for remining is
forfeited, AML funds may be used if the amount of such bond or
deposit is not sufficient to provide for adequate reclamation or
abatement, except that if emergency conditions warrant, the
Department shall immediately exercise its authority under the
Emergency program.
We approve the addition of the above provisions at 62 IAC
2501.10(d) through (h) because they are substantively identical to the
counterpart Federal provisions found at 30 CFR 874.12(d) through (h).
4. Exclusion of Certain Non-coal Reclamation Sites
Exclusion of Certain Non-coal Reclamation Sites, (30 CFR 875.16).
Illinois added this new section to its plan narrative to state that the
provisions of 62 IAC 2501.11 detail the eligibility of non-coal lands
and waters for reclamation and abatement. We approve the addition of
this section to the Illinois plan narrative because it is not
inconsistent with the requirements of 30 CFR 884.13.
Section 2501.11, Eligible Non-coal Lands and Water. Illinois added
this new section to its implementing regulations at 62 IAC 2501.11 to
provide reclamation eligibility guidelines for non-coal lands and
water. Non-coal lands and water are eligible for reclamation activities
if they were mined or affected by mining processes; they were mined
before August 3, 1977, and left or abandoned in either an unreclaimed
or inadequately reclaimed condition; the operator, permittee, or agent
of the permittee has no continuing responsibility for reclamation under
statutes of the State or Federal Government due to bond forfeiture, and
the forfeited bond is insufficient to pay the total cost of
reclamation; the Governor agrees that reclamation is necessary and
submits a letter of request to the Federal Office; it is necessary for
the protection of the public health and safety, general welfare and
property; and the lands and water are not designated for remedial
action under the Uranium Mill Tailings Radiation Control Act of 1978 or
have been listed for remedial action under the Comprehensive Response
Compensation and Liability Act of 1980.
We approve the addition of the above provisions at 62 IAC 2501.11
because paragraphs (a) through (e) are substantively identical to the
counterpart Federal provisions found at 30 CFR 875.12(a) through (e)
and paragraph (f) is substantively identical to the counterpart Federal
provision found at 30 CFR 875.16. Paragraph (f) also satisfies a
requirement of OSM's September 26, 1994, letter.
5. Authorization by the Governor
Illinois revised this section of its plan narrative to reflect the
creation the Illinois Department of Natural Resources (IDNR).
Previously, this section consisted of a letter from the Governor
designating the Abandoned Mined Lands Reclamation Council as the agency
responsible for administering the State Abandoned Mined Lands program.
Illinois' revised narrative states that authority for administering the
State Abandoned Mined Lands program is established by statute. The
Abandoned Mined Lands and Water Reclamation Act, as amended,
establishes that IDNR's Office of Mines and Minerals is responsible for
administering the State reclamation program and receiving and
administering grants under 30 CFR Part 886. We approve Illinois'
revised narrative because it meets the requirement of 30 CFR 884.13(a),
which requires the State reclamation plan to have a designation by the
Governor of the State of the agency authorized to administer the State
reclamation program and to receive and administer grants under 30 CFR
Part 886.
6. Legal Opinion
Illinois revised this section of its plan narrative by replacing a
letter from the chief legal officer of the Abandoned Mined Lands
Reclamation Council with a letter from the chief legal officer of IDNR.
We approve Illinois' revised narrative because it meets the requirement
of 30 CFR 884.13(b), which requires the State reclamation plan to have
a legal opinion from the State Attorney General or the chief legal
officer of the State agency that the designated agency has the
authority under State law to conduct the State reclamation program.
7. Project Selection
Project Selection, (30 CFR 884.13(c)(2))
Illinois revised this section of its plan narrative to state that
sections 2501.7, 2501.8, 2501.10, 2501.11, 2501.13, 2501.16, and
2501.34 of the rules entitled ``Abandoned Mined Land Reclamation''
detail Abandoned Mined Lands project selection. We approve Illinois'
revised plan narrative because it meets the requirement of 30 CFR
884.13(c)(2), which requires a State reclamation plan to have a
description of the policies and procedures that the designated agency
will follow in conducting the reclamation program, including the
specific criteria for ranking and identifying projects to be funded.
Section 2501.7, Objectives and Priorities
Illinois revised its implementing regulations at 62 IAC 2501.7(c)
by removing a priority concerning the expenditure of Abandoned Mined
Lands money on research and demonstration projects relating to the
development of surface mining reclamation and water quality control
program and methods
[[Page 3416]]
and techniques. We approve the revision of the above provision because
it is substantively identical to the counterpart Federal provision
found at Section 403(a) of SMCRA.
Illinois also added new paragraphs (d) and (e) to its implementing
regulations at 62 IAC 2501.7. Paragraph (d) concerns the order in which
projects are addressed. Paragraph (e) concerns the designation of
projects that have an adverse economic impact upon a community. We
approve the addition of the above provisions because they are
substantively identical to the counterpart Federal provisions found at
30 CFR 874.13(b) and 30 CFR 874.12(d)(3), respectively.
Finally, at section 2501.7(f), Illinois revised the date by which
the Department may make expenditure obligations on lands mined for
substances other than coal. The date was changed from August 14, 1994,
to August 31, 1999. We approve the revision of the above provision
because it is not inconsistent with the provisions of 30 CFR 875.12,
which detail when non-coal lands and waters are eligible for
reclamation.
Section 2501.8, Utilities and Other Facilities
Illinois added this new section to its implementing regulations to
provide guidance on use of Abandoned Mined Lands funds for water
supplies. Section 2501.8(a) allows the Department to use up to 30
percent of the annual Abandoned Mined Lands funds for the purpose of
protecting, repairing, replacing, constructing, or enhancing facilities
relating to water supplies, including water distribution facilities and
treatment plants, to replace water supplies adversely affected by coal
mining practices. Section 2501.8(b) provides that adverse effects on
water supplies that occurred both before and after August 3, 1977, are
eligible for Abandoned Mined Lands funds, in spite of the criteria
specified in Section 2501.10(b), if the Department finds as part of its
eligibility opinion that the adverse effects are caused predominantly
by mining processes undertaken and abandoned before August 3, 1977.
Section 2501.8(c) provides that adverse effects on water supplies that
occurred both before and after the dates (and under the criteria) set
forth in Section 2501.10(d) are eligible for Abandoned Mined Lands
funds, notwithstanding the criteria specified in Section 2501.10(b), if
the Department finds as part of its eligibility opinion that the
adverse effects are caused predominately by mining processes undertaken
and abandoned before those dates. Finally, section 2501.8(d) provides
that enhancement of facilities or utilities includes upgrading to meet
any local, State, or Federal public health or safety requirement.
Enhancement does not include service area expansion not necessary to
address a specific abandoned mine land problem.
We approve the addition of the above provisions at 62 IAC 2501.8
because they are substantively identical to the counterpart Federal
provisions found at 30 CFR 874.14.
Section 2501.13, Preliminary Project Selection
Illinois revised its implementing regulations at 62 IAC 2501.13(b)
to require the Department to select reclamation projects from a
database that contains all known abandoned mine sites in the State
which are eligible under Sections 2501.10 and 2501.11. Also, at 62 IAC
2501.13(b), Illinois revised the list of problem conditions the
Department is to use to determine which sites are in the most need of
reclamation. New section 2501.13(b)(9) provides that flooding of roads
or improved property caused by sedimentation from Abandoned Mined Lands
sites is a problem condition. New section 2501.13(b)(10) provides that
hazardous recreational water bodies is a problem condition. Existing
sections 2501.13(b)(9) and (10) were redesignated as sections
2501.13(b)(11) and (12). Finally, Illinois added new section
2501.13(b)(13) to provide that coal refuse material or spoilbanks
adversely affecting lands or water resources is a problem condition.
We approve the revision and addition of the above provisions at 62
IAC 2501.13(a) and (b) because they meet the requirements of 30 CFR
874.13, which requires States to conduct reclamation projects in a
manner that is consistent with OSM's ``Final Guidelines for Reclamation
Programs and Projects'' (61 FR 68777--68785, December 30, 1996), and
reflect the priorities of Section 403(a) of SMCRA.
Section 2501.16, Final Selection and Project Deferment
Illinois revised its regulations at 62 IAC 2501.16(a) to further
detail the criteria by which the Department will identify and rank
Abandoned Mined Lands projects. We approve the revision of the above
provision because it provides additional satisfaction of the
requirements of 30 CFR 874.13.
8. Coordination of Reclamation Activities
Illinois revised this section of its plan narrative to require that
Abandoned Mined Lands staff meet with Natural Resource Conservation
Service Rural Abandoned Mine Program coordinators on an annual basis to
coordinate reclamation activities. We approve Illinois' revised plan
narrative because it meets the requirement of 30 CFR 884.13(c)(3),
which requires a State reclamation plan to include a description of the
policies and procedures that the designated agency will follow in
conducting the reclamation program, including the coordination of
reclamation work among the State reclamation program and the Rural
Abandoned Mine Program administered by the Natural Resource
Conservation Service.
9. Reclamation of Private Land
Reclamation of Private Land, (30 CFR 884.13(c)(5))
Illinois revised this section of its plan narrative to include an
explanation of language found at 62 IAC 2501.25(b)(2). We find that the
addition of this explanatory language merely clarifies the existing
provision. Therefore, this section of the plan narrative continues to
meet the Federal requirements at 30 CFR 884.13(c)(5) to describe the
policies and procedures regarding reclamation on private land under 30
CFR Part 882.
Section 2501.25, Reclamation on Private Lands
Illinois added new paragraph (b)(3) to its implementing regulations
at 62 IAC 2501.25 to allow the Department to waive a lien if it finds,
before construction, that the reclamation work is being undertaken
solely to seal, fill, or mark an open or settled mine shaft, drift or
slope entry, adit or other mine opening or a subsidence pit. We approve
the addition of the above provision because it is consistent with the
provisions of 30 CFR 882.13(a)(3), which allows a state to waive a lien
if findings made prior to construction indicate that the reclamation
work primarily benefits health, safety, or environmental values of the
greater community or area in which the land is located; or if the
reclamation is necessitated by an unforseen occurrence, and the work
will not result in a significant increase in the market value of the
land as it existed immediately before the unforseen occurrence.
Illinois also revised its implementing regulations at 62 IAC
2501.25(c)(2) and (3). At 2501.25(c)(2), Illinois added
[[Page 3417]]
language to provide that a reclamation lien created under Section 2.09
of the State Act will continue to exist until satisfied, subject only
to the 40-year limitation period and the requirements of Sections 13-
118 through 13-121 of the Code of Civil Procedure [735 ILCS 5/13-118 et
seq.]. At 2501.25(c)(3), Illinois revised the language to allow the
Department to request appropriate foreclosure action by the Attorney
General to satisfy the lien if the reclaimed property is transferred
for an actual consideration in excess of the appraised fair market
value of the property after reclamation, and the lien is not satisfied
at the time of transfer. We approve the addition and revision of the
above provisions because they are consistent with the provision at 30
CFR 882.14(b), which requires states to maintain or renew liens from
time to time as required under State or local law.
10. Public Participation
Public Participation, (30 CFR 884.13(c)(7))
Illinois revised this section of its plan narrative concerning
preparation of the original state plan, promulgation of rules and plan
amendments, public participation in the reclamation program, compliance
with Executive Order 12372, and the list of regional clearinghouses.
Included in the revision to ``public participation in the reclamation
program'' is a reference to the newly proposed provisions at 62 IAC
2501.40.
Section 2501.40, Public Participation
Illinois added this new section to its implementing regulations at
62 IAC 2501.40 to provide for public participation in the Abandoned
Mined Lands program and projects. Section 2501.40(a) provides that any
interested party may submit information and comments to the Director of
the Department, the Director of the Office of Mines and Minerals, or
the Manager of the Abandoned Mined Lands Division at any time. Section
2501.40(b) requires that the Department handle verbal and written
requests for information as quickly as possible, and that requests made
under the Freedom of Information Act (5 ILCS 140) be made and handled
in accordance with the generally applicable procedures of the
Department of Natural Resources. Section 2501.40(c) requires the
Department to have available, upon request, copies of the Illinois
State Reclamation Plan for Abandoned Mined Lands, Office of Mines and
Minerals Annual and Bi-Annual Reports, specific project reports, and
brochures and program materials. However, the availability of such
reports, brochures and program materials can not be deemed a waiver of
the Department's right to charge fees for its actual cost of
reproducing and certifying public records requests under the Freedom of
Information Act. Further, the Department may charge fees for its actual
cost for providing multiple copies of free publications. Finally,
section 2501.40(d) was added to read as follows:
(d) The Department shall hold such public meetings as it
determines necessary and appropriate to advise the public of planned
or ongoing AML projects, and to solicit input and participation in
the AML program. Any interested person may request, in writing, that
the Department hold a public meeting in connection with any AML
project or program activity. Upon receipt of a written request to
hold a public meeting, the Department shall contact the landowners
directly involved in the project, as well as the local government
bodies that may be interested. The Department shall schedule a
public meeting if it determines that sufficient public interest
exists to warrant the public meeting.
We approve Illinois' revised plan narrative and the addition of 62
IAC 2501.40 because they meet the requirements of 30 CFR 884.13(c)(7),
which requires a State reclamation plan to have a description of the
policies and procedures that the designated agency will follow in
conducting the reclamation program, including public participation and
involvement in the preparation of the State reclamation plan and in the
State reclamation program.
11. Administration
Illinois revised this section of its plan narrative to reflect the
reorganization of the Division of Abandoned Mined Lands Reclamation,
within the Office of Mines and Minerals, Department of Natural
Resources. They also updated the list of other State offices and
agencies. We approve Illinois' revised plan narrative because it meets
the requirement of 30 CFR 884.13(d)(1), which requires a State
reclamation plan to have a description of the administrative and
management structure to be used in conducting the reclamation program,
including the organization of the designated agency and its
relationship to other State organizations or officials that will
participate in or augment the agency's reclamation capacity.
12. Personnel
Illinois revised this section of its plan narrative to reflect
changes in its administrative and management structure and its
personnel staffing policies. We approve Illinois' revised plan
narrative because it meets the requirement of 30 CFR 884.13(d)(2),
which requires a State reclamation plan to have a description of the
administrative and management structure to be used in conducting the
reclamation program, including the personnel staffing policies which
will govern the assignment of personnel to the State reclamation
program.
13. Procurement
Procurement, (30 CFR 884.13(d)(3))
Illinois revised this section of its plan narrative by changing all
references to the Illinois Purchasing Act to the Illinois Procurement
Code. They also removed language about the provisions of Section 5 and
Section 9.01 of the Illinois Purchasing Act. Finally, Illinois revised
its discussion about the exceptions to the competitive bidding
requirements of the Illinois Procurement Code. We approve Illinois'
revised plan narrative because it meets the requirement of 30 CFR
884.13(d)(3), which requires a State reclamation plan to have a
description of the administrative and management structure to be used
in conducting the reclamation program, including the purchasing and
procurement systems to be used by the agency.
44 IAC 1150. Illinois revised the following sections of its
implementing regulations at 44 IAC 1150: Section 1150.10, Purpose;
Section 1150.20, Scope; Section 1150.30; Applicability; Section
1150.100, Definition of Terms; Section 1150.200, Bidding Requirements
and Conditions; Section 1150.300, Award and Execution of Contract;
Section 1150.400, Contracts Involving Expenditures of $30,000.00 or
Less; Section 1150.500, Emergency Contracting; Section 1150.700,
Applicability; Section 1150.800, Prequalification; Section 1150.900,
Subcontracting; Section 1150.1000, Requests for Proposals; and Section
1150.1300, Contract Negotiations. In addition, Illinois added the
following sections to its implementing regulations at 44 IAC 1150:
Section 1150.1100, Evaluation Procedure; Section 1150.1200, Selection
Procedure; Section 1150.1325, Exemptions; and Section 1150.1350, Firm
Performance Evaluations.
We approve the revisions to and additions of the above provisions
because they meet the requirements of 30 CFR 884.13(d)(3), which
requires a State reclamation plan to have a description of the
administrative and management structure to be used in conducting the
reclamation program,
[[Page 3418]]
including the purchasing and procurement systems to be used by the
agency.
Section 1150.300(e)
Illinois added paragraph (e) to its implementing regulations at 44
IAC 1150.300 to read as follows:
(1) Under 30 CFR 874.16, every successful bidder for a federally
funded AML contract must be eligible under 30 CFR 773.15(b)(1) at
the time of contract award to receive a permit or conditional permit
to conduct surface coal mining operations. Bidder eligibility must
be confirmed by the federal Office of Surface Mining, Reclamation
and Enforcement's automated Applicant/Violator System (AVS) for each
contract to be awarded.
(2) At the time the successful bidder is notified by letter of
intent that his/her bid will be accepted, the Department will
provide to the bidder an Ownership/Control (``O/C'') information
package. The bidder shall completely fill out the forms and return
the completed forms to the Department. The Department will forward
the completed forms to OSM at the Lexington, Kentucky AVS office for
data entry and compliance check.
(3) All subcontractors who will receive 10% or more of the total
contract funding will also be required to submit an O/C information
package and be subject to the OSM/AVS compliance check, prior to
receiving the Department's approval of subcontractor.
(4) Any contract inspector, selected through a bidding process,
regardless of the percentage of contract funding, will also be
required to submit an O/C information package and be subject to the
OSM/AVS compliance check.
(5) The Department shall deny a contract and cancel the award
upon OSM's recommendation that the successful bidder is not eligible
for an AML contract. The Department shall deny approval of a
subcontractor upon OSM's recommendation that the subcontractor is
not eligible for an AML contract. The Department shall deny an
inspection contract upon OSM's recommendation that the contract
inspector is not eligible for an AML contract.
(6) Any person denied an AML contract or participation in an AML
funded project, shall appeal the decision and recommendation of OSM
directly to OSM. Appeal should be made to establish eligibility for
future AML projects. The Department will not delay a project pending
appeal. The Department's role in the AVS compliance check process is
ministerial and does not involve exercise of independent judgement
or review of OSM's decision and recommendation. The Department shall
not be responsible for any damages sustained by any person by reason
of OSM's determination as to eligibility for AML contracts.
(7) After a Contractor, subcontractor, or contract inspector has
once submitted an O/C information package and has been entered into
the AVS in connection with an AML project, the Department may, in
connection with subsequent projects, provide dated AVS printouts
reflecting the information submitted and the current AVS
recommendation, along with an AML Contractor O/C Data Certification
form. The Contractor, subcontractor, or contract inspector shall
complete and submit the certification in place of the O/C
information package, in the same manner as provided above.
(8) Any potential AML Contractor, subcontractor or contract
inspector may submit O/C information directly to OSM and the
Lexington AVS Office, to predetermine eligibility for AML contracts.
We approve the addition of the above provisions because they meet
the requirements of 30 CFR 874.16 and 30 CFR 875.20 and satisfy a
requirement of the September 26, 1994, letter we sent to Illinois under
30 CFR 884.15(d).
14. Reclamation Activity
Illinois revised the amount of acreage in need of reclamation and
the amount of acreage funded through the emergency response program in
this section of its plan narrative. Illinois also added a new paragraph
on the reclamation activity entitled ``Reclamation of Mine
Subsidence.'' We approve Illinois revised plan narrative because it
meets the requirement of 30 CFR 884.13(e), which requires a State
reclamation plan to have a general description, derived from available
data, of the reclamation activities to be conducted under the State
reclamation plan, including the known or suspected eligible lands and
waters within the State which require reclamation.
15. Reports
Illinois added this new section to its plan narrative to state that
the Department will submit the OSM-76 Form, or its electronic
counterpart in the Abandoned Mine Land Inventory System, at the time of
project completion. We approve the addition of this section to
Illinois' plan narrative because it satisfies a requirement of the
September 26, 1994, letter we sent to Illinois under 30 CFR 884.15(d).
It is also consistent with 30 CFR 886.23(b), which requires a State
agency to submit a completed Form OSM-76 and any other closeout reports
specified by OSM upon completion of a project.
16. Priorities, (20 ILCS 1920/2.03(4))
Illinois added this new section to its plan narrative to state that
legislative measures will be taken to ensure compatibility between
state statutes and federal regulations. This section recognizes that
section 2.03(a) of the Abandoned Mined Lands and Water Reclamation Act
is inconsistent with section 403(a) of SMCRA and 62 IAC 2501.7 and
ensures that legislative action will be taken to correct this
disparity. We approve the addition of this section to the plan
narrative because it is not inconsistent with the requirements of 30
CFR 884.13.
17. 62 IAC 2501.19, Annual Grant Process
Illinois removed the language found in this section and replaced it
with language requiring the Department to submit an annual grant
application to OSM in accordance with the requirements of 30 CFR Part
886 to cover allowable costs of the Abandoned Mined Lands program. We
find that Illinois' definition of allowable costs is substantively the
same as the counterpart Federal definition of allowable costs found at
30 CFR 886.21. We further find that Illinois' requirement for an annual
submission of a grant application is not inconsistent with the
requirements of 30 CFR Part 886. Therefore, we approve Illinois'
revision of this section.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
Federal Agency Comments
Under 30 CFR 884.14(a)(2) and 884.15(a), we requested comments on
the amendment from various Federal agencies with an actual or potential
interest in the Illinois plan (Administrative Record No. IL-5027). No
comments were received.
U.S. Environmental Protection Agency (EPA)
Under 30 CFR 884.14(a)(6), we are required to get a written
agreement from the EPA for those provisions of the program amendment
that relate to air or water quality standards issued under the
authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean
Air Act (42 U.S.C. 7401 et seq.). None of the revisions that Illinois
proposed to make in this amendment pertain to air or water quality
standards. Therefore, we did not ask the EPA to agree on the amendment.
U.S. Fish and Wildlife Service (FWS)
Under section 7 of the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531 et seq), we are required to ask the FWS to determine
whether those provisions of the program amendment that relate to fish,
wildlife, or plants and their habitat are likely to jeopardize the
continued existence of species listed as endangered or threatened
(under the authority of section 4 of the Endangered Species Act of
1973) or result in the
[[Page 3419]]
destruction or adverse modification of their habitat. None of the
revisions that Illinois proposed to make in this amendment pertain to
fish, wildlife, or plants and their habitat. Therefore, we did not ask
the FWS for its determination under section 7 of the Endangered Species
Act of 1973.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 884.14(a)(6), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On November 6, 1998, we requested comments on Illinois'
amendment (Administrative Record No. IL-5027), but neither responded to
our request.
V. Director's Decision
Based on the above findings, we approve the proposed plan amendment
as submitted by Illinois on October 22, 1998.
We approve the rules as proposed by Illinois with the provision
that they be fully promulgated in identical form to the rules submitted
to and reviewed by OSM and the public.
The Federal regulations at 30 CFR Part 913, codifying decisions
concerning the Illinois plan, are being amended to implement this
decision. This final rule is being made 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. Consistency of State and Federal standards is required by
SMCRA.
VI. Procedural Determinations
Executive Order 12866
This 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 promulgated 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
No environmental impact statement is required for this rule 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 such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated 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 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 913
Intergovernmental relations, Surface mining, Underground mining.
Dated: January 8, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.For the
reasons set out in the preamble, 30 CFR Part 913 is amended as set
forth below:
PART 913--ILLINOIS
1. The authority citation for Part 913 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 913.25 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 913.25 Approval of Illinois abandoned mine land reclamation plan
amendments.
* * * * *
----------------------------------------------------------------------------------------------------------------
Date of final
Original amendment submission date publication Citation/description
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
October 22, 1998..................... January 22, 1999....... Illinois Plan Narrative; 62 IAC 2501.1, .4, .7,
.8, .10, .11, .13, .16, .19, .22, .25, .28,
.31, and .40; 44 IAC 1150.10, 20, .30, .100,
.200, .300, .400, .500, .700, .800, .900,
.1000, .1100, .1200, .1300, .1325, and .1350.
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[FR Doc. 99-1444 Filed 1-21-99; 8:45 am]
BILLING CODE 4310-05-P
