[Federal Register Volume 63, Number 191 (Friday, October 2, 1998)]
[Proposed Rules]
[Pages 53003-53005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26490]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
Texas Abandoned Mine Land Reclamation Plan Amendment
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing receipt of additional explanatory
information and revisions pertaining to a previously proposed 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). The additional explanatory information
and revisions for Texas's proposed plan amendment pertain to 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; and editorial corrections. Texas intends to revise its
regulations to conform selected parts to amended Federal regulations
and to reorganize its regulations to align more clearly with federal
counterpart regulations.
DATES: We must receive your written comments by 4:00 p.m., c.d.t.
October 19, 1998.
ADDRESSES: You should mail or hand deliver written comments to Michael
C. Wolfrom, Director, Tulsa Field Office, at the address listed below.
We will make copies of the Texas plan, the proposed amendment, and
all written comments received in response to this document available
for public review at the addresses listed below. The copies will be
available during normal business hours, Monday through Friday,
excluding holidays. You may receive one free copy of the proposed
amendment by contacting OSM's Tulsa Field Office.
Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,
Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430, E-mail:
mwolfrom@mcrgw.osmre.gov.
Railroad Commission of Texas, Surface Mining and Reclamation
Division, 1701 North Congress Avenue, P. O. Box 12967, Austin, Texas
78711-2967, Telephone: 512-463-6900.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa
Field Office, Telephone: (918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Plan
II. Discussion of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Texas Plan
On June 23, 1980, the Secretary of the Interior approved the Texas
Abandoned Mine Land Plan. You can find general background information
on the Texas plan, including the Secretary's findings, the disposition
of comments, and the conditions of approval in the June 23, 1980,
Federal Register (45 FR 41937). You can find later actions concerning
the Texas plan at 30 CFR 943.25.
II. Discussion 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 SMCRA. Texas submitted the proposed amendment at its own
initiative. We announced receipt of the proposed amendment in the
December 29, 1997, Federal Register (62 FR 67592) and invited public
comment on its adequacy. The public comment period ended 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
[[Page 53004]]
for acquisition; Disposition of reclaimed lands; Liens; and 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 proposes the additional revisions as follows:
1. Section 12.803 Eligible Coal Lands and Water
In paragraph (7), Texas proposes to change the incorrect reference
of ``Subchapter E'' to the correct reference of ``Subchapter K.''
2. Section 12.809 Reclamation Priorities for Noncoal Program
Texas proposes to revise paragraph (b) to read as follows:
(b) Following certification by the Commission of the completion of
all known coal projects, the projects and construction of public
facilities identified in subsection (a) of this section shall reflect
the following priorities in the order stated:
3. Section 12.811 Land Acquisition Authority-Noncoal
Texas proposes to revise this section to read as follows:
The requirements specified in Secs. 12.813, 12.814, and 12.818
through 12.823 of this title (respectively relating to Written Consent
for Entry; Entry and Consent to Reclaim; Entry for Emergency
Reclamation; Land Eligible for Acquisition; Procedures for Acquisition;
Acceptance of Gifts of Land; Management of Acquired Land; and
Disposition of Reclaimed Land) shall apply to the Commission's noncoal
program except that, for purposes of this section, the references to
coal shall not apply. In lieu of the term coal, the word noncoal should
be used.
4. Section 12.812 Lien Requirements
Texas proposes to revise this section to read as follows:
The lien requirements found in Secs. 12.815 through 12.817 of this
title (relating to Appraisals, Liens, and Satisfaction of Liens,
respectively), shall apply to the Commission's noncoal reclamation
program under Sec. 12.808 of this title (relating to Certification of
Completion of Coal Sites), except that for purposes of this section,
references made to coal shall not apply. In lieu of the term coal, the
word noncoal should be used.
5. Section 12.814 Entry and Consent to Reclaim
Texas proposes to revise this section to require that the State
provide a minimum of 30 days written notice before entering property
where they have not obtained the owner's permission to enter or where
the owner is not known or is readily available. If the owner is known,
the State 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 owner is not known, or if the
current mailing address of the owner is not known, the State will post
a notice in one or more places on the property to be entered where it
is readily visible to the public. The State 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.
6. Section 12.815 Appraisals
Texas proposes not to repeal this section, but to retain it. Texas
also proposes to update the reference in paragraph (d) as a result of
the currently proposed revisions in this proposed amendment.
7. Section 12.816 Liens
Texas proposes to renumber this section from section 12.821 to
12.816. In paragraph (a)(2), Texas proposes to add a provision that
allows them 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, Texas proposes to
revise paragraph (b) to read: ``(b) The statement is a lien on the land
second only to a property tax lien. The amount of the lien may not
exceed the amount determined by either of two appraisals, as provided
under Sec. 12.815 (relating to Appraisals), to be the increase in the
market value of the land as a result of the restoration, reclamation,
abatement, control, or prevention of the adverse effects of past mining
practices.'' In addition, Texas proposes to revise paragraph (c), so
that the State cannot file liens, under this section, against the
property of anyone who owned the surface before May 2, 1977, and did
not consent to, participate in, or exercise control over the mining
operation that made the reclamation under this chapter necessary.
Finally, Texas proposes to add two new paragraphs. New paragraph (e)
allows the Commission to waive the lien if the cost of filing exceeds
the increase in fair market value as a result of the reclamation
activity. New paragraph (f) allows the Commission to waive the lien if
the reclamation work performed on private land primarily benefits
health, safety or environmental values of the community or area in
which the land is located, or if reclamation is necessary because of an
unforeseen occurrence and the work performed to restore the land will
not result in a significant increase in the market value of the land as
it existed immediately before the occurrence.
8. Section 12.817 Satisfaction of Liens
Texas proposes not to repeal this section, but to retain it.
9. Section 12.818 Entry for Emergency Reclamation
Texas proposes to renumber this section from section 12.815 to
12.818.
10. Section 12.819 Land Eligible for Acquisition
Texas proposes to renumber this section from section 12.816 to
12.819, to revise paragraph (2) to read, ``the Commission determines
and makes written findings that:,'' and to make some editorial changes
in paragraph (2)(C). Texas also proposes to add new paragraph (3)
stating that OSM approves, in advance, any lands the Commission
acquired by purchase or condemnation. The new paragraph states how much
interest in land the Commission can acquire for the reclamation work
planned or the post-reclamation use of the land and under what
circumstances.
11. Section 12.820 Procedures for Acquisition
Texas proposes to renumber this section from section 12.817 to
12.820.
12. Section 12.821 Acceptance of Gifts of Land
Texas proposes to renumber this section from section 12.818 to
12.821.
13. Section 12.822 Management of Acquired Land
Texas proposes to renumber this section from section 12.819 to
12.822.
14. Section 12.823 Disposition of Reclaimed Land
Texas proposes to renumber this section from section 12.820 to
12.823. Texas also proposes to add a new paragraph (c) that allows the
Commission to transfer administrative
[[Page 53005]]
responsibility for land acquired under this subchapter to any agency or
political subdivision of the State with or without cost to that agency.
In addition, Texas proposes to redesignate old paragraph (c) as new
paragraph (d) and to add language that requires the State to publish a
notice of the proposed land disposition. Finally, the State proposes to
redesignate old paragraphs (d) and (e) as new paragraphs (e) and (f),
respectively.
III. Public Comment Procedures
We are reopening the comment period on the proposed Texas plan
amendment to provide the public an opportunity to reconsider the
adequacy of the proposed amendment in light of the additional materials
Texas submitted. Under the provisions of 30 CFR 884.14 and 884.15(a),
we are seeking comments on whether the proposed amendment satisfies the
applicable plan approval criteria of 30 CFR 884.14. If we decide the
amendment is adequate, it will become part of the Texas plan.
Written Comments
Your written comments should be specific, pertain only to the
issues proposed in this rulemaking, and include explanations in support
of your recommendations. In the final rulemaking, we will not
necessarily consider comments received after the time indicated under
``DATES'' or at locations other than the Tulsa Field Office. Also, we
will not necessarily include these comments in the Administrative
Record.
IV. 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 abandoned mine land reclamation plans and revisions since each
plan is drafted and published by a specific State, not by OSM.
Decisions on proposed State abandoned mine land reclamation plans and
revisions submitted by a State 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 Parts 884 and 888.
National Environmental Policy Act
This rule does not require an environmental impact statement since
agency decisions on proposed State 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 State submittal which is the subject of this rule is based upon
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
established by SMCRA or previously published by OSM will be implemented
by the State. 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 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 25, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-26490 Filed 10-1-98; 8:45 am]
BILLING CODE 4310-05-P
