[Federal Register Volume 60, Number 162 (Tuesday, August 22, 1995)]
[Proposed Rules]
[Pages 43577-43579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20722]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 944
Utah 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 Utah
AMLR plan (hereinafter, the ``Utah plan'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). The proposed amendment
consists of the addition of new rules to the Utah plan concerning
definitions of certain terms, general reclamation requirements for coal
lands and waters, eligible lands and water prior to certification,
certification of completion of coal sites, eligible lands and water
subsequent to certification, exclusion of certain noncoal reclamation
sites, extension of land acquisition authority and lien requirements to
noncoal, limited liability, contractor responsibility, and reports. It
also consists of editorial revisions and deletion of certain provisions
concerning State reclamation grants. The amendment is intended to
incorporate the additional flexibility afforded by SMCRA, and to
improve operational efficiency.
DATES: Written comments must be received by 4 p.m. m.d.t., September
21, 1995. If requested, a public hearing on the proposed amendment will
be held on September 18, 1995. Requests to present oral testimony at
the hearing
[[Page 43578]]
must be received by 4 p.m., m.d.t., on September 6, 1995.
ADDRESSES: Written comments should be mailed or hand delivered to James
F. Fulton at the address listed below.
Copies of the Utah 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
Denver Field Division, Western Regional Coordinating Center.
James F. Fulton, Chief, Denver Field Division, Western Regional
Coordinating Center, Office of Surface Mining Reclamation and
Enforcement, 1999 Broadway, Suite 3320, Denver, Colorado 80202
Mary Ann Wright, Administrator, Abandoned Mine Reclamation Program,
Department of Natural Resources, Division of Oil, Gas and Mining, 3
Triad Center, Suite 350, 355 West North Temple, Salt Lake City, Utah
84180-1203, Telephone: (801) 538-5340
FOR FURTHER INFORMATION CONTACT:
James F. Fulton, Telephone: (303) 672-5524.
SUPPLEMENTARY INFORMATION:
I. Background on the Utah AMLR Plan
On June 3, 1983, the Secretary of the Interior approved the Utah
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 Utah
plan can be found in the June 3, 1983, Federal Register (48 FR 24876).
Subsequent actions concerning Utah's plan and plan amendments can be
found at 30 CFR 944.20 and 944.25.
II. Proposed Amendment
By letter dated August 2, 1995 (administrative record No. UT-1071),
Utah submitted a proposed amendment to its plan pursuant to SMCRA. Utah
submitted the proposed amendment in response to OSM's 30 CFR 884.15(d)
letter dated September 26, 1994 (administrative record No. UT-1011).
Utah is proposing to revise its AMLR plan by adding new provisions
to the Utah Administrative Rules (Utah Admin. R.) 643-870-500 through
643-886-200. Specifically, Utah proposes to revise (1) Utah Admin. R.
643-870-500 by providing definitions for the terms ``eligible lands and
water,'' ``left or abandoned in either an unreclaimed or inadequately
reclaimed condition,'' and ``Secretary;'' (2) Utah Admin. R. 643-874-
100, -110, -124 through -128, -130 through -132, -140 through -144, -
150, and -160, by providing general reclamation requirements for coal
lands and waters, including interim program and bankrupt surety coal
sites, reclamation objectives and priorities, utilities and other
facilities, limited liability, and contractor responsibility; (3) Utah
Admin. R. 643-875-120 and -122 through -125, by providing eligibility
requirements for noncoal lands and water prior to certification; (4)
Utah Admin. R. 643-875-130 through -133, by providing requirements
related to certification of completion of all coal-related reclamation;
(5) Utah Admin. R. 643-875-140 through -142, -150 through -155, -160, -
170, -180, -190, and -200, by providing eligibility requirements for
lands and water subsequent to certification, including reclamation
priorities for noncoal, exclusion of certain noncoal reclamation sites,
land acquisition authority, lien requirements, limited liability, and
contractor responsibility for noncoal; and (6) Utah Admin. R. 643-886-
232.240, by providing a requirement for submission of Form OSM-76,
``Abandoned Mine Land Problem Area Description,'' upon project
completion to report the accomplishments achieved through the project.
Utah also proposes editorial revisions at (1) Utah Admin. R. 643-
877-141, pertaining to the extension of right of entry for emergency
reclamation to noncoal; (2) Utah Admin. R. 643-879-141, -152.200, -153,
and -154, pertaining to the authority of the Board of Oil, Gas and
Mining (Board) or Division of Oil, Gas and Mining (Division) for
certain actions related to the management of acquired land and
disposition of reclaimed land; (3) Utah Admin. R. 643-882-132,
pertaining to the authority of the Division to waive liens against
reclaimed land; and (4) Utah Admin. R. 643-884-150, pertaining to
submission to the Director of OSM of a Utah plan amendment.
In addition, Utah is proposing to delete provisions at Utah Admin.
R. 643-886-130 through 190, pertaining to the grant period, annual
submission of projects, grant application procedures, grant agreements,
grant and budget revisions, and audits as they relate to State
reclamation grants.
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 Utah 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 Denver Field Division,
Western Regional Coordinating Center, 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 4:00 p.m.,
m.d.t., September 6, 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
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.
[[Page 43579]]
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 rule 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 944
Intergovernmental relations, Surface mining, Underground mining.
Dated: August 11, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-20722 Filed 8-21-95; 8:45 am]
BILLING CODE 4310-05-M
