[Federal Register Volume 59, Number 242 (Monday, December 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31094]
[[Page Unknown]]
[Federal Register: December 19, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 901
Alabama Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Alabama abandoned mine land reclamation plan (hereinafter referred to
as the ``Alabama plan'') under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). The proposed amendment consists of
revisions and additions to the Alabama plan pertaining to the
incorporation of contractor bidder eligibility screening under OSM's
Applicant Violator System for the reclamation of coal and noncoal
sites; exclusion of certain noncoal sites from reclamation; requirement
of submission of Form OSM-76 upon project completion; and, removal of
the fourth priority for noncoal reclamation sites. These changes would
be applicable to reclamation of both nonemergency and emergency
Abandoned Mine Land Reclamation (AMLR) projects. The amendment is
intended to revise the Alabama plan to be consistent with the
corresponding Federal regulations.
DATES: Written comments must be received by 4:00 p.m., E.S.T. January
18, 1995. If requested, a public hearing on the proposed amendment will
be held on January 13, 1995. Requests to speak at the hearing must be
received by 4:00 p.m., E.S.T. on January 3, 1995.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Jesse Jackson, Jr., Director, Birmingham
Field Office, at the address listed below.
Copies of the Alabama plan, the proposed amendment, a listing of
any scheduled public hearings, 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 Birmingham Field Office:
Jesse Jackson, Jr., Director, Birmingham Field Office, Office of
Surface Mining Reclamation and Enforcement, Birmingham Field Office,
135 Gemini Circle, Suite 215, Birmingham, Alabama 35209, Telephone:
(205) 290-7287
Alabama Department of Industrial Relations, Abandoned Mine Lands
Program, 649 Monroe Street, Montgomery, Alabama 36130, Telephone: (205)
242-8265
FOR FURTHER INFORMATION CONTACT: Jesse Jackson, Jr., Director,
Birmingham Field Office, Telephone: (205) 290-7287.
SUPPLEMENTARY INFORMATION:
I. Background on the Alabama Plan
Title IV of SMCRA established an AMLR program for the purposes of
reclaiming and restoring lands and water resources adversely affected
by past mining. This program is funded by a reclamation fee imposed
upon the production of coal. As enacted in 1977, lands and waters
eligible for reclamation were those that were mined or affected by
mining and abandoned or left in an inadequate reclamation status prior
to August 3, 1977, and for which there was no continuing reclamation
responsibility under State or Federal law. The AML Reclamation Act of
1990 (Pub. L. 101-508, title VI, Subtitle A, Nov. 5, 1990, effective
Oct. 1, 1991) amended SMCRA, 30 U.S.C. 1231 et seq., to provide changes
in the eligibility of project sites for AML expenditures. Title IV of
SMCRA now provides for reclamation of certain mine sites where the
mining occurred after August 3, 1977. These include interim program
sites where bond forfeiture proceeds were insufficient for adequate
reclamation and sites affected any time between August 4, 1977, and
November 5, 1990, for which there were insufficient funds for adequate
reclamation due to the insolvency of the bond surety. Title IV provides
that a State with an approved AMLR plan has the responsibility and
primary authority to implement the program.
On May 20, 1982, the Secretary of the Interior approved the Alabama
plan. Background information on the Alabama plan, including the
Secretary's findings, the disposition of comments, and the approval of
the plan can be found in the May 20, 1982, Federal Register (47 FR
22062). Subsequent actions concerning the conditions of approval and
amendments to the plan can be found at 30 CFR 901.25.
The Secretary adopted regulations at 30 CFR Part 884 that specify
the content requirements of a State reclamation plan and the criteria
for plan approval. The regulations provide that a State may submit to
the Director proposed amendments or revisions to the approved
reclamation plan. If the amendments or revisions change the scope of
major policies followed by the State in the conduct of its reclamation
program, the Director must follow the procedures set out in 30 CFR
884.14 in approving or disapproving an amendment or revision.
II. Description of the Proposed Amendment
By letter dated December 5, 1994 (Administrative Record No. AL-
512), Alabama submitted a proposed amendment to its plan pursuant to
SMCRA. Alabama submitted the proposed amendment in response to a
September 26, 1994, letter (Administrative Record No. AL-511) that OSM
sent to Alabama in accordance with 30 CFR 884.15(d). The provisions of
the Alabama plan proposed for revision are ``Administrative and
Management Structure of the Alabama Abandoned Mine Land Reclamation
Program Pursuant to 30 CFR Part 884.13(d)'' to incorporate contractor
bidder eligibility screening under OSM's Applicant Violator System for
the reclamation of coal and noncoal sites; and ``Ranking and Selection
Procedures Pursuant to 30 CFR Part 884.13(c)(2)'' to exclude certain
noncoal sites from reclamation; to require submission of Form OSM-76
upon project completion; and, to remove the fourth priority for noncoal
reclamation sites. The changes would be applicable to reclamation of
both nonemergency and emergency AMLR projects.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Alabama program.
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 Birmingham Field Office will
not necessarily be considered in the final rulemaking or included in
the Administrative Record.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
E.S.T. on January 3, 1995. The location and time of the hearing will be
arranged with those persons requesting the hearing. If no one requests
an opportunity to speak 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 speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
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.
Public Meeting
If only one person requests an opportunity to speak 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
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 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 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 thereof since each such plan
is drafted and adopted by a specific State or Tribe, not by OSM.
Decisions on proposed State and Tribal abandoned mine land reclamation
plans and revisions thereof submitted by a State or Tribe as based on a
determination of whether the submittal meets the requirements of Title
IV of SMCRA (30 U.S.C. 1231-1243) and the Federal regulations at 30 CFR
Parts 884 and 888.
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 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)].
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget 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.
List of Subjects in 30 CFR Part 901
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 13, 1994.
Richard J. Seibel,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-31094 Filed 12-16-94; 8:45 am]
BILLING CODE 4310-05-M
