[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Proposed Rules]
[Pages 26704-26705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12264]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 950
Wyoming Abandoned Mine Land Reclamation (AMLR) Plan
agency: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
action: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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summary: OSM is announcing receipt of a proposed amendment to the
Wyoming AMLR plan (hereinafter, the ``Wyoming plan'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). The proposed
amendment consists of the addition of new provisions to the Wyoming
plan concerning noncoal lien authority and contractor eligibility. The
amendment is intended to incorporate the additional flexibility
afforded by SMCRA, as amended by the Omnibus Budget Reconciliation Act
of 1990, and to improve operational efficiency.
dates: Written comments must be received by 4:00 p.m., m.d.t., June 19,
1995. If requested, a public hearing on the proposed amendment will be
held on June 12, 1995. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.d.t., on June 2, 1995.
addresses: Written comments should be mailed or hand delivered to Guy
Padgett at the address listed below.
Copies of the Wyoming 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
Casper Field Office.
Guy Padgett, Director, Casper Field Office, Office of Surface Mining
Reclamation and Enforcement, 100 East B Street, Room 2128, Casper,
Wyoming 82601-1918.
Bill Garland, Department of Environmental Quality, Abandoned Mine Land
Division, Herschler Building, Third Floor West, 122 West 25th Street,
Cheyenne, Wyoming 82002, Telephone: (307) 777-6145.
for further information contact: Guy Padgett, Telephone: (307) 261-
5776.
SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming AMLR Plan
On February 14, 1983, the Secretary of the Interior approved the
Wyoming plan. Information pertaining to the general background,
revisions, and amendments to the initial plan submission, as well as
the Secretary's findings, the disposition of comments, and the approval
of the Wyoming plan can be found in the February 14, 1983, Federal
Register (48 FR 6536). Subsequent actions concerning Wyoming's plan and
plan amendments can be found at 30 CFR 950.30 and 950.35.
II. Proposed Amendment
By letter dated April 21, 1995 (administrative record No. WY-AML-
018-8), Wyoming submitted a proposed amendment to its AMLR plan
pursuant to SMCRA. Wyoming submitted the proposed amendment at its own
initiative to allow the implementation of two initiatives established
under Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508).
Wyoming proposes to revise its AMLR plan at Wyoming Statute (W.S.) 35-
11-1206 (a) and (b) to (1) authorize liens against privately-owned land
adversely affected by past coal or mineral mining practices, (2) limit
the amount of any lien to the cost of reclamation work or to the amount
determined by the appraisal to be the increase in the fair market value
of the land as a result of the restoration, reclamation, abatement,
control or prevention of the adverse effects of past coal or noncoal
mining practices, whichever is less, (3) allow the landowner to
petition the district court for the district in which most of the land
is located within 60 days of the filing of the lien to determine the
increase in the fair market value of the land, and (4) provide that the
amount reported to be the increase in the value of the land, but not
exceeding the cost of the reclamation work, shall constitute the amount
of the lien. Wyoming also proposes that the revisions to W.S. 35-11-
1206 (a) and (b) shall take effect on July 1, 1995.
Wyoming proposes to create W.S. 35-11-1209 to (1) prohibit the
issuance of contracts under the AMLR program to any construction
contractor or professional services contractor if any surface coal
mining and reclamation operation owned or controlled by the contractor
or any person who owns or controls the contractor has failed to pay its
coal reclamation fees or has other types of violations, (2) provide
that the term ``ownership or controlling interest'' means as defined in
the Federal regulations at 30 CFR 773.5, and (3) provide that the
Wyoming AMLR program will implement the provisions of this section for
all new contracts awarded after April 1, 1995.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 884.15(a) and
884.14(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 Wyoming
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 Casper Field Office 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 p.m., m.d.t.,
June 2, 1995. The location and time of the hearing will be arranged
with those persons requesting the hearing. Any disabled individual who
has need for a special accommodation to attend a public hearing should
contact the individual listed under FOR FURTHER
[[Page 26705]] INFORMATION CONTACT. 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 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 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 AMLR plans and revisions
thereof since each such plan is drafted and promulgated by a specific
State, not by OSM. Decisions on proposed State AMLR plans and revisions
thereof 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 the applicable Federal regulations at 30 CFR Parts 884
and 888.
3. National Environmental Policy Act
No environmental impact statement is required for this title since
agency decisions on proposed State AMLR 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 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 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.
List of Subjects in 30 CFR Part 950
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 12, 1995.
John Heider,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-12264 Filed 5-17-95; 8:45 am]
BILLING CODE 4310-05-M
