[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)]
[Proposed Rules]
[Pages 67592-67596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33662]
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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.
[[Page 67593]]
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 Texas
abandoned mine land (AML) reclamation plan (hereinafter referred to as
the ``Texas plan'') under the Surface Mining Control and Reclamation
Act of 1977 (SMCRA). The proposed amendment pertains to
responsibilities, definitions, abandoned mine reclamation fund,
eligible coal lands and water, reclamation objectives and priorities,
utilities and other facilities, limited liability, contractor
responsibility, eligible non-coal lands and water, reclamation
priorities for non-coal program, exclusion of certain non-coal
reclamation sites, land acquisition authority-non-coal, lien
requirements, 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
acquire land, disposition of reclaimed lands, and liens. The amendment
is intended to revise Texas' AML regulations to conform selected parts
to amended Federal regulations. Texas also proposed to reorganize its
AML regulations to align more clearly with Federal counterpart
regulations.
DATES: Written comments must be received by 4:00 p.m., c.s.t., January
28, 1998. If requested, a public hearing on the proposed amendment will
be held on January 23, 1998. Requests to speak at the hearing must be
received by 4:00 p.m., c.s.t., on January 13, 1998.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Michael C. Wolfrom, Director, Tulsa
Field Office at the address listed below.
Copies of the Texas 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 Tulsa Field Office.
Michael C. Wolform, Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,
Tulsa, Texas 74135-6547, Telephone: (918) 581-6430.
Surface Mining and Reclamation Division, Railroad Commission of Texas,
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
On June 23, 1980, the Secretary of the Interior approved the Texas
Abandoned Mine Land Plan. General background information on the Texas
plan, including the Secretary's findings, the disposition of comments,
and the conditions of approval can be found in the June 23, 1980,
Federal Register (45 FR 41937). Subsequent actions concerning the Texas
program can be found at 30 CFR 943.25.
II. Description of the Proposed Amendment
By letter dated December 1, 1997 (Administrative Record No. TAML-
61), Texas submitted a proposed amendment to its plan pursuant to
SMCRA. Texas submitted the proposed amendment at its own initiative.
The provisions of the Texas plan proposed for review are:
1. AML Regulations Proposed for Repeal
a. Section 12.805 Reclamation Project Evaluation
Texas proposed to repeal this section and to add new Sec. 12,805,
Utilities and Other Facilities.
b. Section 12.806 Consent to Entry; Sec. 12.807 Entry for Studies or
Exploration; and Sec. 12.808 Entry and Consent to Reclaim
Texas proposed to repeal Secs. 12.806, 12.807, and 12,808 and to
consolidate these sections and re-adopt them with revisions and
additions as new Sec. 12.813, Written Consent for Entry and
Sec. 12.814, Entry and Consent to Reclaim.
c. Section 12.809 Land Eligible for Acquisition
Texas proposed to repeal Sec. 12.809 and to adopt with revised
language as new Sec. 12.816, Land Eligible for Acquisition, in
conformance with Texas Natural Resources Code, Sec. 134.145.
d. Section 12.810 Procedures for Acquisition
Texas proposed to repeal Sec. 12.810 and to add new Sec. 12.817,
Procedures for Acquisition, with changes in conformance with amended
Federal regulations at 30 CFR 879.12.
e. Section 12.811 Acceptance of Gifts of Land
Texas proposed to repeal Sec. 12.811 and to add new Sec. 12.818,
Acceptance of Gifts of Land, in conformance with amended Federal
regulations at 30 CFR 879.13.
f. Section 12.812 Management of Acquired Lands
Texas proposed to repeal Sec. 12.812 and to add new Sec. 12.819,
Management of Acquired Lands, in conformance with amended Federal
regulations at 30 CFR 879.14.
g. Section 12.813 Disposition of Reclaimed Land
Texas proposed to repeal Sec. 12.813 and to add new Sec. 12.820,
Disposition of Reclaimed Land, in conformance with the Texas Surface
Coal Mining and Reclamation Act of 1977.
h. Section 12.814 Operations on Private Land
Texas proposed to repeal Sec. 12.814 and to add new Sec. 12.814,
Entry and Consent to Reclaim.
i. Section 12.815 Appraisals
Texas proposed to repeal Sec. 12.815 and to add new Sec. 12.815,
Entry for Emergency Reclamation.
j. Section 12.816 Liens
Texas proposed to repeal Sec. 12.816 and to add new Sec. 12.820,
Liens.
k. Section 12.817 Satisfaction of Liens
Texas proposed to repeal Sec. 12.817 and to add new Sec. 12.817,
Procedures for Acquisition.
2. Section 12.800 Responsibilities
Texas proposed to add this new section regarding the
responsibilities of the Commission.
3. Section 12.801 Definitions
Texas proposed to revise this section by adding definitions for
``abandoned mine 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,'' and ``Texas abandoned mine
reclamation fund or state fund.''
4. Section 12.802 Texas Abandoned Mine Reclamation Fund
Texas proposed to add a section pertaining to the type of revenue
that shall be included in the State's abandoned mine land reclamation
fund.
5. Section 12.803 Eligible Coal Lands and Water
Texas proposed to revise this section to conform to amended Federal
regulations by making minor wording
[[Page 67594]]
changes, deleting paragraph (b) in its entirety, and by adding new
paragraphs (4) through (8). paragraph (4) pertains to how coal lands
and waters damaged by coal mining processes and abandoned after August
3, 1977, can become eligible for funding. Paragraph (5) pertains to
when the Commission may expend funds for reclamation and abatement of
any eligible site under paragraph (4). Paragraph (6) pertains to how
monies obtained from sources outside the abandoned mine reclamation
fund can be used. Paragraph (7) describes when permittees shall
reimburse the abandoned mine land fund for reclamation costs. it also
states that when performing reclamation under paragraph (4), Texas
shall not be held liable for any violations of any performance
standards or reclamation requirements. Paragraph (8) pertains to lands
eligible for remining and the eligibility for funds for reclamation
activities on these lands.
6. Section 12.804 Reclamation Objectives and Priorities
Texas proposed to repeal the existing language in this section and
to replace it with new language to conform with amended Federal
regulations at 30 CFR 874.13.
7. Section 12.805 Utilities and Other Facilities
Texas proposed to add new Sec. 12.805, Utilities and Other
Facilities, to conform with amended Federal regulations at 30 CFR
874.14. This new section pertains to the adverse effect of mining
processes on water supplies occurring both before and after August 3,
1977, and the enhancement of facilities or utilities under this
section.
8. Section 12.806 Limited Liability
Texas proposed to add new Sec. 12.806, Limited Liability, to
conform with amended Federal regulations at 30 CFR 874.15. This new
section pertains to the limited liability the State has when performing
reclamation activities according to approved abandoned mine reclamation
plans.
9. Section 12.807 Contractor Responsibility
Texas proposed to add new Sec. 12.807, Contractor Responsibility,
to conform with amended Federal regulations at 30 CFR 874.16. This new
section pertains to requirements necessary for a contractor to be a
successful bidder for an AML contract.
10. Section 12.808 Eligible Non-coal Lands and Water
Texas proposed to add new Sec. 12.808, Eligible Non-coal Lands and
Water, to clearly define non-coal eligibility in conformance with
amended Federal regulations at 30 CFR 875.14. This new section pertains
to the criteria that non-coal lands, waters, and facilities should meet
in order to be eligible for AML reclamation funds.
11. Section 12.809 Reclamation Priorities for Non-coal Program
Texas proposed to add new Sec. 12.809, Reclamation Priorities for
Non-coal Program, to clearly define non-coal reclamation priorities in
conformance with amended Federal regulations at 30 CFR 875.15. This new
section pertains to reclamation projects involving the restoration of
lands and water adversely affected by past mineral mining; projects
involving the protection, repair, replacement, construction, or
enhancement of utilities; and the construction of public facilities in
communities impacted by coal or other mineral mining and processing
practices.
12. Section 12.810 Exclusion of Certain Non-coal Reclamation Sites
Texas proposed to add new Sec. 12.810, Exclusion of Certain Non-
coal Reclamation Sites, to clearly define the ineligibility of certain
non-coal sites that are eligible for remediation under other Federal
programs in conformance with amended Federal regulations at 30 CFR
875.16. This new section pertains to the sites and areas that monies
from the Texas abandoned mine reclamation fund cannot be used for.
13. Section 12.811 Land Acquisition Authority--Non-coal
Texas proposed to add new Sec. 12.811, Land Acquisition Authority--
Non-coal, to conform with amended Federal regulations at 30 CFR 875.17.
This new section states that the requirements specified in Secs. 12.814
through 12.820 shall apply to the Commission's non-coal program except
that, for purposes of this section, the references to coal shall not
apply. In lieu of the term coal, the word non-coal should be used.
14. Section 12.812 Lien Requirements
Texas proposed to add new Sec. 12.812, Lien Requirements, to comply
with amended Federal regulations at 30 CFR 875.18. This new section
states that the requirements found in Sec. 12.821 shall apply to the
Commission's non-coal reclamation program under Sec. 12.808 except that
for purposes of this section, the references to coal shall not apply.
In lieu of the term coal, the word non-coal should be used.
15. Section 12.813 Written Consent for Entry
Texas proposes to add new Sec. 12.813, Written Consent for Entry,
to conform with amended Federal Regulations at 30 CFR 877.11. This new
section reads as follows:
Written consent from the owner of record and lessee, or their
authorized agents, is the preferred means for obtaining agreements
to enter lands in order to carry out reclamation activities.
Nonconsensual entry by exercise of the police power will be
undertaken only after reasonable efforts have been made to obtain
written consent.
16. Section 12.814 Entry and Consent To Reclaim
Texas proposed to add new Sec. 12.814(a) to conform with amended
Federal regulations at 30 CFR 877.13 and new Sec. 12.814(b) to conform
with Texas Natural Resources Code Sec. 134.143. This new section
pertains to who may enter upon land, with the owner's consent, to
perform reclamation activities or to conduct studies or exploratory
work in order to determine the existence of the adverse effects of past
coal mining.
17. Section 12.815 Entry for Emergency Reclamation
Texas proposed to add new Sec. 12.815, Entry for Emergency
Reclamation, to conform with Texas Natural Resources Code Sec. 134.152
(b) and (c). This new section gives the commission authority to enter
land where an emergency exists and other land necessary to have access
to that land.
18. Section 12.816 Land Eligible for Acquisition
Texas proposed to add new Sec. 12.816, Land Eligible for
Acquisition, to conform with Texas Natural Resources Code Sec. 134.145.
This new section allows the state to acquire land that is adversely
affected by past coal mining practices by purchase, donation or
condemnation if certain conditions exist.
19. Section 12.817 Procedures for Acquisition
Texas proposed to add new Sec. 12.817, Procedures for Acquisition,
to conform with amended Federal regulations at 30 CFR 879.12. This new
section sets forth the procedures that the State must follow when
acquiring land.
20. Section 12.818 Acceptance of Gifts of Land
Texas proposed to add this new section regarding the Commission's
[[Page 67595]]
acceptance of gifts of land. The proposed change would require that the
deed of conveyance state that it is made as a gift under the Texas
Surface Coal Mining and Reclamation Act.
21. Section 12.819 Management of Acquired Land
Texas proposed to add this new section to conform with amended
Federal regulations at 30 CFR 879.14. The new section reads as follows:
Land acquired under this title may be used for any lawful
purpose that is consistent with the necessary reclamation
activities. Procedures for collection of user charges or the waiver
of such charges by the Commission shall provide that all user fees
collected shall be deposited in the Texas Abandoned Mine Reclamation
Fund.
22. Section 21.820 Disposition of Reclaimed Lands
Texas proposed to add this new section to conform with Texas
Natural Resources Code, Secs. 134.148 and 134.149 (Sale of Acquired
Land and Hearing on Sale, respectively). This section pertains to the
conditions under which the State may sell land that it has acquired
under Sec. 12.816 and the disposition of the monies received from these
sells.
23. Section 12.821 Liens
Texas proposed to add new Sec. 12.821 (a) through (c) to conform
with Texas Natural Resources Code, Sec. 134.150 (Liens). This addition
pertains to when liens may or may not be placed on lands the State
reclaims and the procedures to follow when placing liens.
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 program approval criteria of 30 CFR 884.14. If the amendment
is deemed adequate, it will become part of the Texas plan.
Written Comments
Written comments should be specific, pertain only to the issue
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 Tulsa 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 INFORMAITON CONTACT by 4:00 P.M.,
c.s.t. on January 13, 1998. 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. 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 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.
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 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
thereof since each such plan is drafted and promulgated by a specific
State or Tribe, not by OSM. Decisions on proposed abandoned mine land
reclamation plans and revisions thereof 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
Parts 884 and 888.
National Environmental Policy Act
No environmental impact statement is required for this rule since
agency decisions on proposed State or 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 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 pursuant to 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
Abandoned mine land reclamation, Intergovernmental relations,
Surface mining, Underground mining.
[[Page 67596]]
Dated: December 18, 1997.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-33662 Filed 12-24-97; 8:45 am]
BILLING CODE 4310-05-M
