95-21022. Missouri Abandoned Mine Land (AML) State Reclamation Plan  

  • [Federal Register Volume 60, Number 164 (Thursday, August 24, 1995)]
    [Rules and Regulations]
    [Pages 43972-43976]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-21022]
    
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Office of Surface Mining Reclamation and Enforcement
    
    30 CFR Part 925
    
    
    Missouri Abandoned Mine Land (AML) State Reclamation Plan
    
    AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
    Interior.
    
    ACTION: Final rule; approval of amendment.
    
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    SUMMARY: OSM is approving a proposed amendment to the Missouri AML 
    State Reclamation Plan (hereinafter referred to as the ``Missouri 
    plan'') under the Surface Mining Control and Reclamation Act of 1977 
    (SMCRA). Missouri proposed changes to its statutes, rules, and certain 
    sections of the Missouri plan pertaining to contractor responsibility, 
    exclusion of certain noncoal reclamation sites, reporting requirements, 
    creation of a future reclamation set-aside program, and general 
    reclamation requirements. The amendment is intended to revise the 
    Missouri plan to be consistent and in compliance with the corresponding 
    Federal standards, and to improve operational efficiency.
    
    EFFECTIVE DATE: August 24, 1995.
    
    FOR FURTHER INFORMATION CONTACT:
    Robert L. Markey, Acting Director, Kansas City Field Office, 934 
    Wyandotte St., Room 500, Kansas City, Missouri 64105, Telephone: (816) 
    374-6405.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background on Title IV of SMCRA
    
        Title IV of SMCRA established an abandoned mine land reclamation 
    (AMLR) program for the purpose of reclaiming and restoring lands and 
    waters adversely affected by past mining. The Secretary of the Interior 
    adopted regulations at 30 CFR 870 through 888 that implement Title IV 
    of SMCRA. The program is funded by a reclamation fee levied on the 
    production of coal.
        Title IV provides for State submittal to OSM of an AMLR plan. The 
    Federal regulations at 30 CFR Part 884 specify the content requirements 
    of a State reclamation plan and the criteria for plan approval. Under 
    these regulations, the Secretary reviewed the plans submitted by States 
    and solicited and considered comments of State and Federal agencies and 
    the public. Based upon the comments received, the Secretary determined 
    whether a State had the ability and necessary legislation to implement 
    the provisions of Title IV. After making such a determination, the 
    Secretary decided whether to approve the State program. Approval 
    granted the State exclusive authority to administer its plan. Upon 
    approval of a State plan by the Secretary, the State may submit to OSM, 
    on an annual basis, an application for funds to be expended by that 
    State on specific projects that are necessary to implement the approved 
    plan. Such annual requests are reviewed and approved by OSM in 
    accordance with the requirements of 30 CFR part 886.
        The Federal regulations at 30 CFR 884.15 provide that a State may 
    submit to OSM a proposed amendment or revision to its approved 
    reclamation plan. If the amendment or revision changes the objective, 
    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 884.14 for approval or disapproval of an amendment or revision 
    to the State's AML plan.
        Title IV of SMCRA, as enacted in 1977, provided that lands and 
    waters eligible for reclamation were those that were mined or affected 
    by mining and abandoned or inadequately reclaimed prior to August 3, 
    1977, and for which there was no continuing reclamation responsibility 
    under State, Federal, or 
    
    [[Page 43973]]
    other laws. The Abandoned Mine Reclamation Act of 1990 (Pub. L. 101-
    508, Title VI, Subtitle A, Nov. 5, 1990, effective Oct. 1, 1991) 
    amended Title V of SMCRA to allow AML funds to be used to reclaim or 
    abate mining-related problems at coal sites where the mining occurred 
    after August 3, 1977. Such coal sites include (1) Interim program sites 
    where mining occurred between August 4, 1977, and the date the 
    Secretary approved a State's regulatory program in accordance with 
    section 503 of SMCRA, and where bond forfeiture proceeds are 
    insufficient for adequate reclamation and (2) bankrupt surety sites 
    where mining occurred between August 4, 1977, and November 5, 1990, and 
    as of November 5, 1990, funds available from the bankruptcy proceedings 
    are not sufficient to provide for adequate reclamation or abatement. 
    New Federal regulations at 30 CFR Subchapter R were adopted to 
    implement the Abandoned Mine Reclamation Act of 1990 amendments to 
    Title IV of SMCRA (see 59 FR 28136, May 31, 1994).
    
    II. Background on the Missouri Plan
    
        On January 29, 1982, the Secretary of the Interior approved the 
    Missouri plan. General background information, including the 
    Secretary's findings, the disposition of comments, and the approval of 
    the Missouri plan can be found in the January 29, 1982, Federal 
    Register (47 FR 4253). Subsequent actions concerning Missouri's plan 
    and plan amendments can be found at 30 CFR 925.25.
    
    III. Proposed Amendment
    
        By letter dated November 29, 1995 (administrative record No. AML-
    MO-89), Missouri submitted a proposed amendment to the Missouri plan 
    pursuant to SMCRA. Missouri submitted the proposed amendment in 
    response to a September 26, 1994, letter (administrative record No. 
    AML-MO-88) that OSM sent to Missouri in accordance with 30 CFR 
    884.15(d). Missouri proposed to amend its statutes at (1) Revised 
    Statutes of Missouri (RSMo) 444.810.2, rulemaking procedures of the 
    Land Reclamation Commission (Commission) and (2) RSMo 444.915.3, lands 
    and water eligible for expenditures of the abandoned mine reclamation 
    fund. Missouri also proposed to amend its regulations at 10 Code of 
    State Regulations (CSR) 40-9.020(1) (D) and (E), and (3), other coal 
    lands and waters eligible for reclamation activities. In addition, 
    Missouri proposed to amend certain provisions of its AML State 
    Reclamation Plan at (1) Section 884.13(C)(2), project ranking and 
    selection procedures, (2) Section 884.13(D)(3), purchasing and 
    procurement procedures, and (3) Section 884.13(D)(4), accounting 
    procedures.
        OSM announced receipt of the proposed amendment in the December 13, 
    1994, Federal Register (59 FR 64176), provided an opportunity for a 
    public hearing or meeting on its substantive adequacy, and invited 
    public comment on its adequacy (administrative record No. AML-MO-91). 
    The public comment period ended on January 12, 1995. At the request of 
    the Missouri Department of Natural Resources, OSM held a public meeting 
    in Jefferson City, Missouri on March 1, 1995. OSM entered a summary of 
    the public meeting into the administrative record (administrative 
    record No. AML-MO-96).
        During its review of the proposed amendment, OSM identified 
    concerns relating to the provisions of (1) RSMo 44.915.3(3), 
    reclamation of coal sites where mining occurred between certain dates 
    and the surety company became insolvent, (2) 10 CSR 40-9.020(1) (D) and 
    (E), eligible coal lands and water, and (3) Section 884.13(D)(4) of the 
    Missouri AML State Reclamation Plan, creation of a future reclamation 
    set-aside program. OSM notified Missouri of the concerns by letter 
    dated February 16, 1995 (administrative record No. AML-MO-93).
        Missouri responded in a letter dated May 16, 1995, by submitting a 
    revised amendment and additional explanatory information 
    (administrative record No. AML-MO-100). Missouri proposed revisions to 
    and additional explanatory information for (1) RSMo 444.915.3(3), 
    reclamation of insolvent surety coal sites, (2) 10 CSR 40-9.020(1), 
    priorities of eligible coal lands and waters for reclamation and 
    reimbursement for the cost of reclamation, and (3) Section 884.13(D)(4) 
    of the Missouri AML State Reclamation Plan, use of AML State-share 
    funds to establish a future set-aside program in Missouri.
        Based upon the revisions to and additional explanatory information 
    for the proposed plan amendment submitted by Missouri, OSM reopened the 
    public comment period in the May 25, 1995, Federal Register (60 FR 
    27708, administrative record No. AML-MO-91). The public comment period 
    ended on January 12, 1995.
    
    IV. Director's Findings
    
        As discussed below, the Director, in accordance with SMCRA and 30 
    CFR 884.14 and 884.15, finds that the proposed Missouri plan amendment 
    submitted by Missouri on November 29, 1994, and as revised by it and 
    supplemented with additional explanatory information on May 16, 1995, 
    is not inconsistent with SMCRA and is in compliance with the 
    corresponding Federal regulations at 30 CFR Subchapter R. Accordingly, 
    the Director approves the proposed amendment.
    
    1. Nonsubstantive Revisions to Missouri's Statutes, Rules, and Sections 
    of the AML State Reclamation Plan
    
        Missouri proposed revisions to the following previously approved 
    statutes, rules, and sections of the Missouri plan that are 
    nonsubstantive in nature and consist of minor editorial, punctuation, 
    grammatical, and recodification changes (corresponding SMCRA or Federal 
    regulation provisions are listed in parentheses):
    
        RSMo 444.810.1, .1(8), and .1(10), powers of the Commission 
    (sections 413 (a) and (c) of SMCRA),
        RSMo 444.915.1(1), expenditures from the abandoned mine 
    reclamation fund (sections 404 and 409 of SMCRA),
        RSMo 444.915.2 (4) and (5), [recodification] priorities for 
    expenditures of moneys from the abandoned mine reclamation fund 
    (section 403(a) of SMCRA),
        10 CSR 40-9.020(1) (B) and (C), general requirements for 
    reclamation (30 CFR 874.12(b) and (c)),
        Section 884.13(c)(2) of the Missouri AML State Reclamation Plan, 
    Figure 1 [deleted] and Figure 2 [recodified] (no counterpart SMCRA 
    or Federal regulation provisions), and
        Section 884.13(c)(2), Step 3, No. 8, of the Missouri AML State 
    Reclamation Plan, project evaluation and ranking (no counterpart 
    SMCRA or Federal provisions).
    
        Because the proposed revisions to these previously-approved 
    statutes, rules, and sections of the Missouri AML State Reclamation 
    Plan are nonsubstantive in nature, the Director finds that these 
    proposed statutes, rules, and sections of the ANL State Reclamation 
    Plan are consistent with SMCRA and in compliance with the implementing 
    Federal regulations. Accordingly, the Director approves the proposed 
    revisions.
    
    2. Substantive Revisions to a Missouri Rule and Section of the AML 
    State Reclamation Plan That Are Substantively Identical to the 
    Corresponding Provisions of SMCRA and the Federal Regulations
    
        Missouri proposed revisions to the following rule and section of 
    the Missouri plan that are substantive in nature and contain language 
    that is substantively identical to the requirements of the 
    corresponding 
    
    [[Page 43974]]
    Federal regulations provisions (listed in parentheses):
    
        10 CSR 40-9.020(3)(A), definition of ``left or abandoned in 
    either an unreclaimed or inadequately reclaimed condition'' (30 CFR 
    870.5) and
        Section 884.13(D)(3) of the Missouri AML State Reclamation Plan, 
    contractor eligibility (30 CFR 874.16 and 875.20).
    
        Because the proposed revisions to this Missouri rule and section of 
    the Missouri AML State Reclamation Plan are substantively identical to 
    the corresponding provisions of the counterpart Federal regulations, 
    the Director finds that they are consistent with SMCRA and in 
    compliance with the Federal regulations. Therefore, the Director 
    approves the proposed revisions.
    
    3. RSMo 444.810.2 Through 444.810.8, Rulemaking Procedures
    
        Missouri proposed the addition of new provisions at RSMo 444.810.2 
    through 444.810.8 to provide additional administrative procedures for 
    rulemaking. These proposed rulemaking procedures set forth guidelines 
    for processing rules through the Missouri joint committee on 
    administrative rules concurrently with filing a proposed rule with the 
    Secretary of State. The procedures proposed are in addition to those 
    approved in the Missouri plan and do not restrict or require public 
    participation and involvement as required at 30 CFR 884.14(c)(7). They 
    specify internal State review procedures and are not in conflict with 
    or inconsistent with Title IV of SMCRA and the implementing Federal 
    regulations at 30 CFR Subchapter R. Therefore, the Director finds that 
    the proposed additional rulemaking procedures at RSMo 444.810.2 through 
    444.810.8 are not inconsistent with SMCRA and the Federal regulations. 
    The Director approves the proposed statutes.
    4. RSMo 444.915.3, Reclamation of Interim Program and Bankrupt Surety 
    Coal Sites
    
        Missouri proposed to revise RSMo 444.915.3 by adding new language 
    to provide that additional lands and water are eligible for reclamation 
    or drainage abatement expenditures from the abandoned mine reclamation 
    fund. Such lands include those (1) where the surface coal mining 
    operation occurred during the period beginning on August 4, 1977, and 
    ending on or before November 21, 1980 [the date in which the Secretary 
    of the Interior approved Missouri's program pursuant to section 503 of 
    SMCRA], and that funds for reclamation or abatement which are available 
    pursuant to a bond or other form of financial guarantee or from any 
    other source are not sufficient to provide for adequate reclamation or 
    abatement at the site or (2) where the surface coal mining operation 
    occurred during the period beginning on August 4, 1977, and ending on 
    or before October 1, 1991, and that the surety of such mining operator 
    became insolvent during such period, and as of October 1, 1991,  funds 
    immediately available from proceedings relating to such insolvency, or 
    from any financial guarantee or other source are not sufficient to 
    provide for adequate reclamation or abatement at the site (emphasis 
    added).
        The proposed revisions at RSMo 444.915.3 are similar to the 
    requirements of Section 402(g)(4) of SMCRA, except that SMCRA limits 
    the dates for which insolvency of the surety occurred to the period 
    beginning on August 4, 1977, and ending on or before November 5, 1990. 
    OSM, in its February 16, 1995, issue letter to Missouri (administrative 
    record No. AML-MO-93), discussed the difference in dates between RSMo 
    444.915.3(3) and section 402(g)(4) of SMCRA (issue No. 1). Missouri 
    responded on May 16, 1995, by providing an explanation concerning the 
    reason for the difference and stated that it would correct the date at 
    RSMo 444.915.3(3) at the first available opportunity (administrative 
    record No. AML-MO-100). Missouri also stated that it believes the State 
    AML reclamation plan is adequate to ensure that expenditures of AML 
    funds are limited to insolvent surety sites that were abandoned on or 
    before November 5, 1990, because the State's rules at 10 CSR 40-
    9.020(1)(D)(3) contain the correct date for the eligibility period (see 
    finding No. 5). In addition, Missouri provided a memorandum prepared by 
    its attorney general's office dated March 5, 1995 (administrative 
    record No. AML-MO-100), indicating that only one abandoned site in 
    Missouri meets the insolvent surety criteria and for this site, the 
    dates of abandonment and insolvency occurred before November 5, 1990.
        Therefore, with the requirement that Missouri revise RSMo 
    444.915.3(3) to correct the date of ``October 1, 1991,'' to ``November 
    5, 1990,'' the Director finds that the revisions proposed by Missouri 
    at RSMo 444.915.3 are consistent with section 402(g)(4) of SMCRA. The 
    Director approves the proposed statute.
    
    5. 10 CSR 40-9.020(1), Eligible Coal Lands and Water
    
        Missouri proposed to revise its rules at 10 CSR 40-9.020(1) to 
    provide that coal lands and water damaged and abandoned after August 3, 
    1977, are eligible for reclamation activities if certain criteria are 
    met. These criteria include findings that (1) the mining occurred and 
    the site was left in either an unreclaimed or inadequately reclaimed 
    condition between August 4, 1977, and November 21, 1980, and that funds 
    available for reclamation or abatement pursuant to a bond or other form 
    of financial guarantee or from any other source are insufficient to 
    reclaim or abate the site, or (2) the mining occurred and the site was 
    left in either an unreclaimed or inadequately reclaimed condition 
    during the period beginning on August 4, 1977, and ending on or before 
    November 5, 1990, and that the surety of the mining operator became 
    insolvent during such period, and as of November 5, 1990, funds 
    immediately available from proceedings relating to such insolvency, or 
    from any financial guarantee or other source are insufficient to 
    provide for adequate reclamation or abatement at the site, and (3) the 
    coal site meets the eligibility requirements and priority objectives of 
    10 CFS 40-9.020 and the reclamation priority of the site is the same or 
    more urgent than the reclamation priority for other eligible lands and 
    water, and that priority be given to those sites which are in the 
    immediate vicinity of a residential area or which have an adverse 
    economic impact upon a community.
        In addition, Missouri proposed to add provisions at 10 CSR 40-
    9.020(1) to require that (1) monies available from sources outside the 
    fund or recovered from responsible parties involving lands eligible 
    pursuant to 10 CSR 40-9.020 shall either be used to offset the cost of 
    the reclamation or transferred to the fund if not required for further 
    reclamation activities, (2) if reclamation of a site covered by an 
    interim or permanent program permit is carried out under the State 
    reclamation program, the permittee of the site shall reimburse the AML 
    reclamation fund for the cost of reclamation in excess of any bond 
    forfeited to ensure reclamation, and (3) the Commission, in performing 
    reclamation activities under this rule, shall not be held liable for 
    any violations of any performance standards or reclamation requirements 
    specified in Chapter 444 RSMo (1994) nor shall a reclamation activity 
    undertaken on such lands or waters be held to any standards set forth 
    in Chapter 444 RSMo (1994).
        The revisions proposed by Missouri at 10 CSR 40-9.020(1) provide 
    similar requirements to those found in the counterpart Federal 
    regulations at 30 CFR 874.12 (d) through (g). Therefore, the director 
    finds that the proposed 
    
    [[Page 43975]]
    revisions at 10 CSR 40-9.020(1) are in compliance with the Federal 
    regulations. The Director approves the revisions to this rule.
    
    6. Section 884.13(C)(2) of the Missouri AML State Reclamation Plan, 
    Procedures for Project Ranking and Selection
        Section 884.13(C)(2) of the Missouri plan amendment contains 
    updates on policies and procedures concerning project ranking and 
    selection. Section 884.13(C)(2), Step 1, references Form OSM-76, 
    ``Abandoned Mine Land Problem Area Description,'' and requires that 
    such form be used to show site condition and to report actual 
    reclamation accomplishments upon project completion to OSM. This is in 
    compliance with the Federal regulation at 30 CFR 886.23(c) which 
    provides for the submission of Form OSM-76 upon project completion to 
    report the accomplishments achieved through the project. Section 
    884.13(C)(2), Step 2, provides for the elimination of selected problem 
    sites and provides a list of circumstances when Missouri will eliminate 
    a site from further consideration. These circumstances are consistent 
    with the provisions of sections 402(g) and 411(d) of SMCRA and are in 
    compliance with the Federal regulations at 30 CFR 874.12(d)(2) (i) and 
    (ii) and 875.16.
        Missouri submitted these proposed revisions to Section 884.13(C)(2) 
    to satisfy the requirements of OSM's 884.15(d) letter dated September 
    26, 1994 (administrative record No. AML-MO-88). The Director finds that 
    the revisions at Section 884.13(C)(2) of the Missouri AML State 
    Reclamation Plan satisfy the requirements of and are consistent with 
    SMCRA and the implementing Federal regulations at 30 CFR Subchapter R 
    concerning reports and project ranking and selection. The Director 
    approves the proposed revisions to Section 884.13(C)(2) of the Missouri 
    AML State Reclamation Plan.
    
    7. Section 884.13(D)(4) of the Missouri AML State Reclamation Plan, 
    Future Reclamation Set-Aside Program
    
        Missouri proposed to revise its accounting procedures at Section 
    884.13(D)(4) of the Missouri plan by adding language to provide that 
    (1) up to 10 percent of the annual grants received under sections 
    402(g) (1) and (5) of SMCRA may be requested annually for use in 
    treating acid mine drainage problems or for the future reclamation set-
    aside program in Missouri, and (2) such funds will be placed into the 
    State Abandoned Mine Land Reclamation Fund (Fund No. 0697), an 
    interest-bearing account which has been approved by OSM for these 
    purposes, and will be expended solely to achieve the priorities of 
    section 403(a) of SMCRA after September 30, 1995.
        The proposed language at Section 884.13(D)(4) is similar to the 
    Federal provisions concerning the future reclamation set-aside program 
    at sections 402(g) (6) and (7) of SMCRA and the implementing Federal 
    regulations at 30 CFR 873.12(a) and 876.12(a). The Director finds that 
    the addition of provisions at Section 884.13(D)(4) pertaining to a set-
    aside program for Missouri is consistent with SMCRA and in compliance 
    with the Federal regulations for such a program. The Director approves 
    this revision to Section 884.13(D)(4) of the Missouri AML State 
    Reclamation Plan.
    
    V. Summary and Disposition of Comments
    
        Following are summaries of all substantive written comments on the 
    proposed amendment that were received by OSM, and OSM's responses to 
    them.
    
    1. Public Comments
    
        OSM invited public comments on the proposed amendment, but none 
    were received.
    
    2. Agency Comments
    
        Pursuant to 30 CFR 884.15(a) and 884.14(a)(2), OSM solicited 
    comments on the proposed amendment from various Federal agencies with 
    an actual or potential interest in the Missouri plan (administrative 
    record No. AML-MO-90). No comments were received.
    
    VI. Director's Decision
    
        Based on the above findings, the Director approves, with an 
    additional requirement, Missouri's proposed plan amendment as submitted 
    on November 29, 1994, and as revised and supplemented with explanatory 
    information on May 16, 1995.
        The Director approves, as discussed in: Finding No. 1, RSMo 
    444.810.1, .1(8), and .1(10), concerning the powers of the Commission; 
    RSMo 444.915.1(1), concerning expenditures from the abandoned mine 
    reclamation fund; RSMo 444.915.2 (4) and (5), concerning recodification 
    of the priorities for expenditures of moneys from the abandoned mine 
    reclamation fund; 10 CSR 40-9.020(1) (B) and (C), concerning general 
    requirements for reclamation; Section 884.13(C)(2) of the Missouri AML 
    State Reclamation Plan, concerning deletion of Figure 1 and 
    recodification of Figure 2; and Section 884.13(C)(2), Step 3, No. 8, of 
    the Missouri AML State Reclamation Plan, concerning project evaluation 
    and ranking; finding No. 2, 10 CSR 40-9.020(3)(A), concerning the 
    definition of ``left or abandoned in either an unreclaimed or 
    inadequately reclaimed condition;'' and Section 884.13(D)(3) of the 
    Missouri AML State Reclamation Plan, concerning contractor eligibility; 
    finding No. 3, RSMo 444.810.2 through 444.810.8, concerning rulemaking 
    procedures; finding No. 5, 10 CSR 40-9.020(1), concerning eligible coal 
    lands and water; finding No. 6, Section 884.13(C)(2) of the Missouri 
    AML State Reclamation Plan, concerning procedures for project ranking 
    and selection; and finding No. 7, Section 884.13(D)(4) of the Missouri 
    AML State Reclamation Plan, concerning the future reclamation set-aside 
    program.
        With the requirement that Missouri further revise its statute, the 
    Director approves, as discussed in finding No. 4, RSMo 444.915.3, 
    concerning reclamation of interim program and bankrupt surety coal 
    sites.
        The Director approves the statutes, rules, and sections of the 
    Missouri AML State Reclamation Plan as proposed by Missouri with the 
    provision that they be fully promulgated in identical form to the 
    statutes, rules, and sections of the Missouri AML State Reclamation 
    Plan submitted to and reviewed by OSM and the public.
        The Federal regulations at 30 CFR Part 925, codifying decisions 
    concerning the Missouri plan, are being amended to implement this 
    decision. This final rule is being made effective immediately to 
    expedite the State plan amendment process and to encourage States to 
    bring their plans into conformity with the Federal standards without 
    undue delay. Consistency of State and Federal standards is required by 
    SMCRA.
    
    VII. 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 abandoned mine land 
    reclamation (AMLR) plans and revisions thereof since each such 
    
    [[Page 43976]]
    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 925
    
        Intergovernmental relations, Surface mining, Underground mining.
    
        Dated: August 14, 1995.
    Brent Wahlquist,
    Regional Director, Mid-Continent Regional Coordinating Center.
    
        For the reasons set out in the preamble, Title 30, Chapter VII, 
    Subchapter T of the Code of Federal Regulations is amended as set forth 
    below:
    
    PART 925--MISSOURI
    
        1. The authority citation for Part 925 continues to read as 
    follows:
    
        Authority: 30 U.S.C. 1201 et seq.
    
        2. Section 925.20 is revised to read as follows:
    
    
    Sec. 925.20  Approval of the Missouri Abandoned Mine Land Reclamation 
    Plan.
    
        The Missouri Abandoned Mine Land Reclamation Plan, as submitted on 
    September 11, 1981, is approved effective January 29, 1982. Copies of 
    the approved plan are available at:
        (a) Missouri Department of Natural Resources, Land Reclamation 
    Program, 205 Jefferson Street, Jefferson City, MO 65102.
        (b) Office of Surface Mining Reclamation and Enforcement, Kansas 
    City Field Office, 934 Wyandotte Street, Room 500, Kansas City, MO 
    64105.
        3. Section 925.25 is amended by adding paragraph (c) to read as 
    follows:
    
    
    Sec. 925.25  Approval of AML plan amendments.
    
    * * * * *
        (c) The Missouri plan amendment, as submitted to OSM on November 
    29, 1994, and as revised on May 16, 1995, is approved effective August 
    24, 1995.
    
    [FR Doc. 95-21022 Filed 8-23-95; 8:45 am]
    BILLING CODE 4310-05-M
    
    

Document Information

Effective Date:
8/24/1995
Published:
08/24/1995
Department:
Surface Mining Reclamation and Enforcement Office
Entry Type:
Rule
Action:
Final rule; approval of amendment.
Document Number:
95-21022
Dates:
August 24, 1995.
Pages:
43972-43976 (5 pages)
PDF File:
95-21022.pdf
CFR: (2)
30 CFR 925.20
30 CFR 925.25