[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Proposed Rules]
[Pages 19697-19699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9773]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 913
[IL-091]
Illinois 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
Illinois Abandoned Mine Land Reclamation Plan (hereinafter referred to
as the ``Illinois plan'') under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). The proposed amendment pertains to the
merger of the Illinois Abandoned Mined Lands Reclamation Council into
the newly created Illinois Department of Natural Resources, Office of
Mines and Minerals. The Amendment is intended to provide formal
notification to OSM of this pending reorganization.
DATES: Written comments must be received by 4:00 p.m., C.D.T., May 22,
1995. If requested, a public hearing on the proposed amendment will be
held on May 15, 1995. Requests to speak at the hearing must be received
by 4:00 p.m., C.D.T., on May 5, 1995.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to James F. Fulton, Director, at the
addresses listed below.
Copies of the Illinois 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 Springfield Field Office.
James F. Fulton, Director, Springfield Field Office, Office of Surface
Mining Reclamation and Enforcement, 511 West Capitol, Suite 202,
Springfield, Illinois 62704, Telephone: (217) 492-4495.
Illinois Abandoned Mined Lands Reclamation Council, 928 South Spring
Street, Springfield, Illinois 62704, Telephone: (217) 782-0588.
FOR FURTHER INFORMATION CONTACT: James F. Fulton, Director, Springfield
Field Office, Telephone: (217) 492-4495.
SUPPLEMENTARY INFORMATION:
I. Background on the Illinois Plan
Title IV of SMCRA established an Abandoned Mine Land Reclamation
(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
they were 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 abandoned mine land 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 June 1, 1982, the Secretary of the Interior approved the
Illinois plan. Background information on the Illinois plan, including
the Secretary's findings, the disposition of comments, and the approval
of the plan can be found in the June 1, 1982, Federal Register (47 FR
23886). Subsequent actions concerning the conditions of approval and
amendments to the plan can be found at 30 CFR 913.25.
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
[[Page 19698]] 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 April 10, 1995 (Administrative Record No. IL-800-
AML), Illinois submitted a proposed amendment to its plan pursuant to
SMCRA. Illinois submitted the proposed amendment at its own initiative.
In accordance with 30 CFR 884.15, Illinois notified OSM that effective
July 1, 1995, the authority and administrative responsibility for the
Illinois plan will be transferred from the Abandoned Mined Lands
Reclamation Council to the Illinois Department of Natural Resources,
Office of Mines and Minerals, Abandoned Mined Lands Reclamation
Division.
Specifically, the Abandoned Mined Lands Reclamation Council will be
merged into the Illinois Department of Natural Resources by virtue of
Executive Order Number 2 (1995) signed by the Governor of Illinois on
March 1, 1995. Article V, Section 11 of the Constitution of the State
of Illinois authorizes the Governor to reassign functions among or
reorganize executive agencies to simplify the organizational structure
of the Executive Branch, to improve accountability, to increase
accessibility, and to achieve efficiency and effectiveness in
operation.
Illinois specified that all rights, powers, and duties vested in
the Abandoned Mined Lands Reclamation Council under the Illinois plan,
including existing laws, rules, and statements of policy, would be
administered by the Abandoned Mined Lands Reclamation Division of the
Office of Mines and Minerals in accordance with the requirements of
Title IV of SMCRA and consistent with all applicable Federal rules and
guidelines.
The Executive Order contains the following applicable provisions:
Part I, paragraph C, provides that ``[t]he Department of Natural
Resources shall have within it an Office of Mines and Minerals which
shall be responsible for the functions previously vested in * * * the
Abandoned Mined Lands Reclamation Council and such other related
functions and responsibilities as may be appropriate;''
Part II, paragraph D, transfers the Abandoned Mined Lands and Water
Reclamation Act (20 ILCS 1920 et seq.), section 6a-1-a of the Illinois
Purchasing Act (30 ILCS 505/6a-1-a), section 21(r)(2) of the
Environmental Protection Act (415 ILCS 5/21(r)(2)), section 2 of the
Surface Coal Mining Fee Act (20 ILCS 1915/2), section 1-3 of the Build
Illinois Act (30 ILCS 750/1-3), and section 67.35 of the Civil
Administrative Code (20 ILCS 405/67.35) from the Abandoned Mined Lands
Reclamation Council to the Department of Natural Resources along with
all rights, powers, and duties incidental to these Acts;
Part III, paragraph A abolishes the Abandoned Mined Lands
Reclamation Council, and paragraph C transfers personnel previously
assigned to the Abandoned Mined Lands Reclamation Council to the
Department of Natural Resources; and
Part IV, paragraph F, provides that ``[t]his Executive Order shall
not affect the legality of any rules in the Illinois Administrative
Code that are in force on the effective date of this Executive Order
that have been duly adopted by the agencies reorganized under this
Order. As soon as practicable hereafter, the Department of Natural
Resources * * * shall propose and adopt under the Illinois
Administrative Procedure Act such rules as may be necessary to
consolidate and clarify the rules of the various reorganized agencies
that will now be administered by the successor agency.''
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 884, OSM is seeking
comments on whether the proposed amendment satisfies the program
approval criteria of 30 CFR 884.14. If the amendment is deemed
adequate, it will become part of the Illinois plan.
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 Springfield 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.,
C.D.T., on May 5, 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 (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 [[Page 19699]] 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.
List of Subjects in 30 CFR Part 913
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 14, 1995.
Tim L. Dieringer,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 95-9773 Filed 4-19-95; 8:45 am]
BILLING CODE 4310-05-M
