[Federal Register Volume 59, Number 104 (Wednesday, June 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13243]
[[Page Unknown]]
[Federal Register: June 1, 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; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing receipt of additional revisions pertaining
to a previously proposed amendment to the Alabama Abandoned Mine Land
Reclamation (AMLR) Plan (hereinafter referred to as the Alabama Plan)
under the Surface Mining Control and Reclamation act of 1977 (SMCRA).
The additional revisions for Alabama's rules pertain to procedures for
ranking and selecting and procedures for obtaining right-of-entry.
Alabama has withdrawn its proposed change of date in its initial
submission of October 1, 1993, in the emergency program section of the
Plan.
This document sets forth the times and locations that the Alabama
Plan and proposed changes will be available for public inspection, and
the dates and times of the reopened comment period during which
interested persons may submit written comments on the proposed
amendment.
DATES: Written comments must be received on or before 4 p.m. on June
16, 1994.
ADDRESSES: Written comments should be mailed or hand delivered to Jesse
Jackson, Jr., Director, Birmingham Field Office, at the address listed
below. Copies of the Alabama program, the proposed amendment, and all
written comments received in response to this notice will be available
for public review at the addresses listed below, during normal business
hours, Monday through Friday, excluding holidays. Each requestor may
receive, free of charge, one copy of the proposed amendment by
contacting the OSM Birmingham Field Office.
Jesse Jackson, Jr., Director, 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, (205) 290-7283.
SUPPLEMENTARY INFORMATION:
I. Background on the Alabama Program
II. Submission of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Alabama Program
Titlle IV of SMCRA Public Law 95-87, 30 U.S.C. 1202 et seq.,
establishes 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 is 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, 1997. These include interim program sites where bond
forfeiture proceeds were insufficient for adequate reclamation and
sites affected any time between August 4, 1997, 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 program has the responsibility and primary authority
to implement the program.
The Secretary of the Interior approved the Alabama Plan on May 20,
1982. Information pertinent to the general background, revisions, and
amendments to the initial plan submission, as well as the Secretary's
findings and the disposition of comments can be found in the May 20,
1982, Federal Register (47 FR 22062). Information concerning the
previously approved plan and the proposed amendments may be obtained
from the agency offices listed under ADDRESSES. Subsequent actions
taken with regard to the Alabama Plan can be found at 30 CFR 901.25.
The Secretary has 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 or
major policies followed by the State in the conduct of its reclamation
program, the Director must follow the procedures set out in 30 CFR
884.13 in approving or disapproving an amendment or revision.
II. Submission of the Proposed Amendment
By letter dated October 1, 1993, Alabama submitted a reclamation
plan amendment to OSM (Administrative Record No. AL-0504). This formal
amendment request was preceded by a letter dated July 12, 1993, which
requested that the Alabama Plan be updated by revision. OSM determined
on September 17, 1993, that the proposed revision represented a major
change in the scope of the AMLR program and would necessitate
processing as a formal Plan amendment. The proposed amendment consisted
of revised narratives to replace portions of three sections of the
approved Alabama Plan as provided for by 30 CFR 884.13. Specifically,
the Alabama Plan was revised to modify the eligibility date for AMLR
reclamation from August 3, 1977, to November 5, 1990. This change was
applicable to both nonemergency and emergency AMLR project sites and
will allow reclamation of sites mined for coal after August 3, 1977.
OSM announced receipt of the proposed amendment in the October 21,
1993, Federal Register (58 FR 54313) and invited public comment on its
adequacy. The public comment period ended on November 22, 1993.
During its review of the amendment, OSM identified concerns
relating to: (a) the State's lack of specificity in proposing to extend
eligibility to sites mined and abandoned prior to November 5, 1990, and
(b) the State's plan to extend emergency eligibility to sites mined
after August 3, 1977. OSM notified Alabama of the concerns by letter
dated January 27, 1994 (Administrative Record No. AL-508). Alabama
responded in a letter dated April 5, 1994 (Administrative Record No.
AL-509), by submitting a revised amendment
Alabama proposes additional revisions to its procedures for ranking
and selection by adding specific language describing those sites
eligible for abandoned mine land reclamation. Alabama also proposes
revisions to its procedures for obtaining right-of-entry by adding
specific language describing those lands eligible for treatment under
the AMLR Plan. Alabama is withdrawing its proposed change of date in
the emergency program section of the AMLR Plan. It should also be noted
that in its initial submission of October 1, 1993, Alabama included a
copy of Senate Bill 162 which amended the statutory definition of
``abandoned mine lands.''
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Alabama program
amendment to provide the public an opportunity to reconsider the
adequacy of the proposed amendment in light of the additional materials
submitted. In accordance with the provisions of 30 CFR 732.17(h) and 30
CFR 884.14, 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
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 Birmingham Field Office will
not necessarily be considered in the final rulemaking or included in
the Administrative Records.
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 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 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 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 State [or Tribal] 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. Hence, this rule will ensure that existing requirements
established by SMCRA or previously promulgated by OSM will be
implemented by the State [or Tribe]. 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: May 25, 1994.
Alfred E. Whitehouse,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-13243 Filed 5-31-94; 8:45 am]
BILLING CODE 4310-05-M
