[Federal Register Volume 61, Number 224 (Tuesday, November 19, 1996)]
[Proposed Rules]
[Pages 58800-58803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29501]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 906
[CO-031-FOR]
Colorado Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing receipt of a proposed amendment to the Colorado abandoned
mine land reclamation (AMLR) plan (hereinafter, the ``Colorado plan'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The proposed amendment consists of revisions to and additions of plan
provisions pertaining to reclamation objectives and priorities, future
reclamation set-aside programs, reclamation of interim program and
[[Page 58801]]
bankrupt surety bond forfeiture coal sites, mine subsidence protection
program, ranking and selection of projects, coordination of reclamation
work among other programs, acquisition of lands and waters, reclamation
on private land, exclusion of certain sites from abandoned mine land
funding, environmental assessments, project accomplishment reports,
procurement and purchasing, contractor eligibility, and organization
and management. The amendment is intended to revise the Colorado plan
to meet the requirements of the Federal regulations and to be
consistent with SMCRA, and to improve operational efficiency.
DATES: Written comments must be received by 4:00 p.m., m.s.t., December
19, 1996. If requested, a public hearing on the proposed amendment will
be held on December 16, 1996. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.s.t., December 4, 1996.
ADDRESSES: Written comments should be mailed or hand delivered to James
F. Fulton at the address listed below.
Copies of the Colorado plan, the proposed amendment, and all
written comments received in response to this document will be
available for public review at the addresses listed below during normal
business hours, Monday through Friday, excluding holidays. Each
requester may receive one free copy of the proposed amendment by
contacting OSM's Denver Field Division.
James F. Fulton, Chief, Denver Field Division, Western Regional
Coordinating Center, Office of Surface Mining Reclamation and
Enforcement, 1999 Broadway, Suite 3300, Denver, Colorado 80202
David Bucknam, Program Administrator, Department of Natural Resources,
Division of Mined Land Reclamation, 1313 Sherman Street, Room 215,
Denver, Colorado 80203
FOR FURTHER INFORMATION CONTACT: James F. Fulton, Telephone: (303) 844-
1424.
SUPPLEMENTARY INFORMATION:
I. Background on the Colorado Plan
On June 11, 1982, the Secretary of the Interior approved the
Colorado plan. General background information on the Colorado plan,
including the Secretary's findings and the disposition of comments, can
be found in the June 11, 1982, Federal Register (June 11, 1982).
Subsequent actions concerning Colorado's plan and plan amendments can
be found at 906.25.
II. Proposed Amendment
By letter dated October 29, 1996, Colorado submitted a proposed
amendment (administrative record No. CO-AML-24) to its plan pursuant to
SMCRA (30 U.S.C. 1201 et seq.). Colorado submitted the proposed
amendment at its own initiative and in response to a September 26, 1994
letter (administrative record No. CO-AML-19) that OSM sent to Colorado
in accordance with 30 CFR 884.15(b). The provisions of the Colorado
Inactive Mine Reclamation Plan that Colorado proposes to revise and add
are: section I, A, reclamation objectives and priorities, section I,
B(1), maintaining the inactive mine inventory, section I, B(3),
restoration and enhancement of fish and wildlife habitat, section I,
B(7), future reclamation set-aside programs, section I, B(8), interim
mines and insolvent sureties, and section I, B(9), Colorado Mine
Subsidence Protection Program; section II, ranking and selection of
projects, introductory paragraph, section II, B, project selection
criteria, and section II, C, selection of project alternatives; section
III, coordination of reclamation work among Federal, State, regional
and local programs, introductory paragraph, and sections III, A through
E, coordination of reclamation programs with Federal and State agencies
and regional and local governments; section IV, acquisition,
management, and disposition of lands and waters; section V, reclamation
on private land, introductory paragraph, section V, B(2), project
eligibility determination, section V, B(4), fair market value
determination, section V, B(6) environmental assessments, section V, C
and C(1), annual reclamation (construction) grant application and
consent for reclamation work, and section V, D, project evaluation;
section VI, public participation and involvement in the Colorado
Inactive Mine Reclamation Program (IMRP); section VII, A(4), the
Colorado Fiscal Procedures Manual, section VII, C, procurement and
purchasing, and section VII, C(3), Applicant Violator System; and
section VIII, organization and management. In addition, Colorado is
proposing numerous minor editorial and recodification changes.
Specifically, Colorado proposes to revise section I, A(4), by
deleting research and demonstration projects as a reclamation priority
and recodifying sections I, A(5) and (6) as I, A (4) and (5). Colorado
proposes to revise section I, B(1), to provide that the inactive mine
inventory will contain coal mine site information only. Colorado is
also proposing to revise section I, B(3), to require IMRP to strive to
eliminate detrimental impacts affecting fish and wildlife due to past
mining practices.
Colorado is proposing to add new language at section I, B(7) to
provide that
The Colorado Inactive Mine Reclamation Program will establish
special trust accounts for the purposes of handling future
reclamation problems. Up to 10 percent of the total annual grant
received by Colorado may be set aside in special trust accounts.
Funds will be set-aside and used as authorized by Section 402(g) of
PL 95-87 including:
(a) 1992 Funds. These funds are available after August 3, 1992
to address either coal or non-coal reclamation.
(b) 1995 Funds. These funds are available after September 30,
1995 for coal reclamation only.
(c) Acid Mine Drainage Fund. Monies from this fund will be used
to abate and treat waters affected by coal mining.
Colorado proposes the addition of new language at section I, B(8)
to provide that
Reclamation projects may include coal mine sites that were
abandoned and left unreclaimed or inadequately reclaimed if mining
ceased during the interim program period from August 3, 1977 through
December 15, 1980 or the surety became insolvent during the period
from August 3, 1977 through November 5, 1990. One of the following
findings will be made:
(a) For interim program coal mine sites that any funds pursuant
to a bond or other financial guarantee or from any other source that
would be available for reclamation and abatement are not sufficient
to provide for adequate reclamation or abatement at the site.
(b) For bankrupt surety bond forfeiture coal sites that the
surety of the mining operator became insolvent between August 4,
1977 and November 5, 1990, and as of November 5, 1990, funds
immediately available from proceedings relating to such insolvency
or from any other financial guarantee are not sufficient to provide
for adequate abatement or reclamation of this site.
(c) For both interim program and bankrupt surety coal sites the
site is either a priority 1 or 2 site as defined by 30 U.S.C. 1233
with priority being given to those sites that are in the vicinity of
a residential area or that have an adverse economic impact upon a
community.
Colorado also proposes to add new language at section I, B(9) to
provide that
In Colorado there are nearly 50,000 acres of land undermined by
past coal mining activities in the rapidly developing front range
urban corridor. This undermined land includes more than 4,450
structures in the Boulder/Weld Coal Field and over 3,000 structures
in the Colorado Springs Coal Field. Conventional insurance coverage
designed specifically to address the peril of mine subsidence are
not solid in Colorado. The
[[Page 58802]]
purpose of this program is to provide mine subsidence protection and
to make it readily available to homeowners who desire to purchase
it. In 1985, Congress passed enabling legislation for mine
subsidence insurance programs by amending Section 401(c) of PL 95-
87, the Surface Mining Control and Reclamation Act of 1977. This
legislation authorized the development of self-sustaining, state
administered programs to insure private property against damages
associated with inactive coal mine subsidence. The State of Colorado
established the Mine Subsidence Protection Program in August of
1988. The Program is open to homes built prior to February 22, 1989.
Colorado proposes to add a new introductory paragraph at section II
to provide that
Eligible sites are ranked according to the priorities discussed
in the previous sections. Safety hazards and environmental
degradation on pre-law coal sites receive the highest priority. To
determine the reclamation projects for each grant, several criteria
are taken into consideration. A suitable reclamation plan for each
project is selected after carefully evaluating the alternatives.
Colorado proposes to revise its project selection criteria at
section II, B(2) by deleting as a criteria the ``fulfillment of
research and demonstration goals,'' and at section II, B(7) by deleting
a worksheet at Table I titled ``Site Ranking Criteria,'' and an entire
section titled ``Evaluation of Project Feasibility Studies by the
Inactive Mine Reclamation Advisory Council.'' Colorado also proposes to
revise section II, C, selection of project alternatives, by deleting
the definitions of the feasibility factors used to determine the amount
of reclamation to be done at a site.
Colorado proposes to add an introductory paragraph at section III
to provide that
It is the intent of the Colorado Inactive Mine Reclamation
Program to coordinate closely with other government agencies and
organizations. Communication is maintained with several agencies.
Colorado is proposing revisions at sections III, A through E, to
provide an updated overview of the coordination efforts of the Division
of Minerals and Geology and the IMRP staff with the Colorado Rural
Abandoned Mine Program, Indian Tribes, U.S. Geologic Survey, Bureau of
Land Management, OSM, U.S. Forest Service, U.S. Fish and Wildlife
Service, Colorado Geologic Survey, Colorado Department of Health and
Environment, Colorado Historical Society, Regional Council of
Governments, and city and county governments.
Colorado proposes to revise section IV by adding new language to
provide that
* * * the Inactive Mine program may acquire by donation or
purchase from a willing seller, any land or water which is adversely
affected by past mining practices if the [Mined Land Reclamation]
Board and the Secretary of the Interior approve the acquisition in
advance and the acquisition of such land is necessary to successful
reclamation, and if the requirements of Section 407(c) of SMCRA are
met.
Colorado proposes revisions to the introductory paragraph at
section V to provide that reclamation on private land includes both
coal and noncoal projects. Colorado is proposing to revise section V,
B(2) to provide that the determination of eligibility of a proposed
reclamation project will be made by the IMRP Administrator rather than
the State's attorney general's office.
Colorado is proposing the addition of new language at section V,
B(2) to provide that
No funds will be used for the reclamation of sites and areas
designated for remedial action pursuant to the Uranium Mill Tailings
Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.) or that have
been listed for remedial action pursuant to the Comprehensive
Environmental Response Compensation and Liability Act of 1980 (42
U.S.C. 9601 et seq.).
Colorado proposes to revise section V, B(4) to provide that the
determination of the fair market value of land as adversely affected by
past mining will be made before and after reclamation work, and that
the finding will be based on an appraisal or letter of opinion from the
IMRP realty specialist rather than an independent appraiser.
Colorado is proposing to revise section V, B(6) by adding new
language to provide that
Categorical Exclusions will be applied for actions which do not
individually or cumulatively have a significant effect on the human
environment and for which neither an environmental assessment nor an
environmental impact statement is required. For purposes of AML
construction activities, the following projects can be excluded: AML
reclamation projects involving no more than 100 acres; no hazardous
wastes; no explosives, no hazardous or explosive gases; no dangerous
impoundments, no mine fires and refuse fires; no undisturbed, non-
commercial borrow or disposal sites; no dangerous slides where
abatement has the potential for damaging inhabited property; no
subsidence involving the placement of material into underground mine
voids through drilled holes to address more than one structure; and
no unresolved issues with agencies, persons, or groups or adverse
effects requiring specialized mitigation.
Colorado is proposing to delete sections V, C and C(1), which
concern annual reclamation (construction) grant applications and
consent for reclamation work. Colorado proposes to revise section V, D
to provide that upon completion of a reclamation project, the IMRP
staff will report project accomplishments to OSM.
Colorado is proposing to revise the introductory paragraph at
section VI to provide that the policy of public involvement for
approval of the grant application is detailed in Table VI-2, ``Project
Selection, Grant and NEPA Approval,'' rather than Figure VI-1, ``Public
Involvement in the Inactive Mine Reclamation Program (IMRP),'' which is
proposed to be deleted. Colorado is also proposing to delete the
``Formal Project Notification--A-95 Process'' provisions, and Figure
VI-2, ``Colorado State Clearinghouse A-95 Procedures.'' The A-95
process was an attempt to coordinate planning and development
activities within and among Federal, State, regional and local levels
of government.
Colorado is proposing to revise section VII, A(4) by adding new
language to provide that
* * * The Colorado Inactive Mine Reclamation Program follows the
procedures set forth in the [Colorado Fiscal Procedures] manual.
This manual is a procedures manual, it does not establish accounting
principles or fiscal policy. Accounting principles or fiscal policy
are covered in the State's ``Fiscal Rules'' issued as a separate
manual. The overall objectives of the Fiscal Rules and the Financial
Reporting System are to maintain an accurate record of all financial
transactions involving state agencies.
Colorado is proposing numerous revisions to its procurement and
purchasing provisions at section VII, C, including section C(2), which
provides procurement methods and detailed tables for small purchases,
sole source procurement, documented informal telephone bids for
purchases between $1,000 and $10,000, competitive sealed bids, and
requests for proposals. Colorado is also proposing the addition of new
language at section VII, C(3), Applicant Violator System, to provide
that
Every successful bidder (or owner or controller of a bidder) for
an AML contract will be eligible to receive a permit or conditional
permit to conduct surface coal mining operations based on available
information concerning federal and state failure-to-abate cessation
orders, unabated federal and state imminent harm cessation orders,
delinquent civil penalties, bond forfeitures, delinquent abandoned
mine land reclamation fees and unabated violations of federal and
state laws, rules and regulations pertaining to air or water
environmental protection incurred with connection of any mining
operation. Bidder eligibility will be confirmed by checking OSM's
automated Applicant Violator System for each contract to be awarded.
[[Page 58803]]
Finally, Colorado is proposing to update section VIII to reflect
the current organizational structure of the Department of Natural
Resources, which contains the Division of Minerals and Geology, the
designated agency managing the IMRP, as well as eight other divisions.
These other divisions contribute directly or indirectly to the overall
inactive mine reclamation effort. Included in this section are Table
VI-9, ``Department of Natural Resources Organizational Chart'' and
Table VI-10, ``Division of Minerals and Geology Organizational Chart.''
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 884.15 (a), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable plan approval criteria of 30 CFR 884.14. If the amendment is
deemed adequate, it will become part of the Colorado plan.
1. Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Denver Field Division will
not necessarily be considered in the final rulemaking or included in
the administrative record.
2. Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
m.s.t., December 4, 1996. Any disabled individual who has need for a
special accommodation to attend a public hearing should contact the
individual listed under FOR FURTHER INFORMATION CONTACT. The location
and time of the hearing will be arranged with those persons requesting
the hearing. If no one requests an opportunity to testify at the public
hearing, the hearing will not be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
3. Public Meeting
If only one person requests an opportunity to testify at a hearing,
a public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of the administrative record.
IV. Procedural Determinations
1. 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).
2. 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 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 Tribe or State AMLR plans and
revisions thereof since each such plan is drafted and promulgated by a
specific Tribe or State, not by OSM. Decisions on proposed Tribe or
State AMLR plans and revisions thereof submitted by a Tribe or 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 the
applicable Federal regulations at 30 CFR Parts 884 and 888.
3. National Environmental Policy Act
No environmental impact statement is required for this rule since
agency decisions on proposed Tribe or State ALMR plans and revisions
thereof 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)).
4. 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.).
5. 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 Tribe or 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 promulgated by OSM will be
implemented by the Tribe or 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.
6. Unfunded Mandates Reform Act
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or private sector.
List of Subjects in 30 CFR Part 906
Abandoned mine reclamation programs, Intergovernmental relations,
Surface mining, Underground mining.
Dated: November 8, 1996.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-29501 Filed 11-18-96; 8:45 am]
BILLING CODE 4310-05-M
