[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Proposed Rules]
[Pages 48678-48679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23268]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 950
Wyoming Abandoned Mine Land Reclamation (AMLR) 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 explanatory
information pertaining to a previously proposed amendment to the
Wyoming AMLR plan (hereinafter, the ``Wyoming plan'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). The additional
explanatory information for Wyoming's proposed statute pertains to the
amount of a lien placed on private lands upon the completion of
reclamation operations. The amendment is intended to clarify
ambiguities and improve operational efficiency.
DATES: Written comments must be received by 4 p.m., m.d.t., October 5,
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.
Stan Barnard, Acting AML Administrator, 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 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, Wyoming submitted a proposed
amendment to its plan pursuant to SMCRA (administrative record No. WY-
AML-18-8). Wyoming submitted the proposed amendment at its own
initiative. The provisions of the Wyoming plan that the State proposed
to revise were:
Wyoming Statute (W.S.) 35-11-1206 (a) and (b), liens for
reclamation on private lands, and W.S.35-11-1209, contractor
eligibility.
OSM announced receipt of the proposed amendment in the May 18,
1995, Federal Register (60 FR 26704), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. WY-AML-18-9).
The public comment period ended on June 19, 1995.
During its review of the amendment, OSM identified concerns
relating to the provisions of W.S.35-11-1206(a) that 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. OSM also identified concerns relating to
the provisions of W.S.35-11-1206(b) that 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. OSM notified Wyoming of the concerns by letter dated August 8,
1995 (administrative record No. WY-AML-18-16).
Wyoming responded in a letter dated August 29, 1995, by submitting
additional explanatory information concerning W.S. 35-11-1206 (a) and
(b) and the inclusion of the cost of reclamation in determining the
amount of the lien to be placed on reclaimed lands (administrative
record No. WY-AML-18-17). In its response, Wyoming stated that when
proposed W.S. 35-11-1206 was presented to the Wyoming legislature,
there was considerable debate on it with regard to a potential
governmental takings if the property owner had to pay a lien amount
that
[[Page 48679]]
was more than the cost to perform the reclamation work. Debate focused
on who would pay for costs associated with potential lawsuits should a
lien be placed for more than the reclamation cost, and whether the
reclamation would be authorized by a property owner if the lien for the
reclamation exceeded the actual cost of the reclamation. Wyoming
further stated that over 25,000 acres have been reclaimed since the
start of the Wyoming AMLR program and that there had never been an
instance where the cost of reclamation was less than the increase in
property value.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Wyoming plan
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 884.14 and
884.15(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.
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.
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 950
Abandoned mine land reclamation program, Intergovernmental
relations, Surface mining, Underground mining.
Dated: September 7, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-23268 Filed 9-19-95; 8:45 am]
BILLING CODE 4310-05-M
