[Federal Register Volume 59, Number 199 (Monday, October 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25539]
[[Page Unknown]]
[Federal Register: October 17, 1994]
_______________________________________________________________________
Part II
Department of the Interior
_______________________________________________________________________
Office of Surface Mining Reclamation and Enforcement
_______________________________________________________________________
30 CFR Part 880
Coal Formation Fire Control; Final Rule
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 880
RIN 1029-AB77
Coal Formation Fire Control
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule.
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SUMMARY: This rule implements a change to the mine fire control
activities under the authority of the Act of August 31, 1954, and
section 205 of the Appalachian Regional Development Act of 1965. The
amendments are due to changes enacted as part of the Energy Policy Act
of 1992, Public Law 102-486 (Oct. 24, 1992).
EFFECTIVE DATE: November 16, 1994.
FOR FURTHER INFORMATION CONTACT:
Thomas E. Browne, Office of Surface Mining Reclamation and Enforcement,
U.S. Department of the Interior, 1951 Constitution Avenue NW.,
Washington, DC 20240; Telephone: 202-208-2661.
SUPPLEMENTARY INFORMATION:
I. Background
II. Organization
III. Final Rules and Disposition of Comments
IV. Procedural Matters
1. Background
A. Summary of the Act of August 31, 1954
Congress recognized that outcrop and underground fires in coal
formations waste the fuel resources of the nation and are a menace to
the health and safety of the public and surface property. Congress
therefore passed the Act of August 31, 1954 (30 U.S.C. 551-558), to
provide for the control and extinguishment of outcrop and underground
coal fires. The Secretary of the Interior was authorized: (a) to
conduct surveys, investigations, and research related to the causes and
extent of outcrop and underground fires in coal formations and the
methods for control or extinguishment of such fires; to publish the
results of any such surveys, investigations, and research; and to
disseminate information concerning such methods; and (b) to plan and
execute projects for control or extinguishment of fires in coal
formations. These projects could be performed on lands owned or
controlled by the United States or any of its agencies, with the
cooperation of the agency having jurisdiction thereof, and on other
lands upon obtaining proper consent or the necessary rights or
interests in such lands. Federal funds could not be used to control or
extinguish fires in any privately owned operating coal mine.
The United States Bureau of Mines was initially responsible for
carrying out the provisions of this law, the only Federal program
providing funding for the control of coal fires. With the passage of
the Surface Mining Control and Reclamation Act of 1977 (SMCRA), Pub. L.
95-87, 30 U.S.C. 1201 et seq., on August 3, 1977, federal funds became
available through the Abandoned Mine Land (AML) program to extinguish
or control coal fires at eligible AML sites. In 1983, the
responsibility for implementing the Act of August 31, 1954, was
transferred to OSM.
B. Summary of Section 2504(d), ``Coal Formations'' of the Energy Policy
Act of 1992
The Energy Policy Act of 1992 provided additional authority for
States or Indian tribes regarding projects for the control of outcrop
or underground fires in coal formations under the authority of the Act
of August 31, 1954 (30 U.S.C. 551-558), and pursuant to subsection
(a)(2) of section 205 of the Appalachian Regional Development Act of
1965 (Pub. L. 89-4, 79 Stat. 5). The 1992 amendments authorize the
Secretary, acting through the Director of the Office of Surface Mining,
to enter into cooperative agreements with States or Indian tribes
having approved abandoned mine land programs to plan and execute
projects for the control or extinguishment of fires in coal formations.
The amendments provide further that for States or Indian tribes with
approved AML programs, any matching share contributions are waived. In
addition, the $500,000 annual limit on the total amount of funds that
can be appropriated to carry out the provisions and purposes of the Act
of August 31, 1954, was eliminated. Further, any such cooperative
agreement that is entered into under the Energy Policy Act of 1992 with
an AML State eligible to receive funds from the Appalachian Regional
Development Commission is not subject to review by that Commission.
Congress did not provide a source of funding for these cooperative
agreements to extinguish or control coal formation fires in the Energy
Policy Act of 1992. Congress may appropriate funding in the future.
C. Relationship of the Coal Formation Fire Control Program to the OSM
AML Program
While the Department of the Interior program to extinguish or
control coal outcrop fires predates SMCRA and is not funded with AML
monies, it and SMCRA's AML program are interrelated. Often the same
people are responsible for managing both the coal outcrop fire and the
AML reclamation programs. Funds available through the coal outcrop fire
program may be used to control or extinguish fires in any coal
formation, except in any privately owned operating coal mine. Funds
available through the AML program can only be used to control or
extinguish fires involving eligible abandoned mine lands. Section
401(d) of SMCRA states that monies from the AML Fund are only available
for the purposes of SMCRA's Title IV-Abandoned Mine Reclamation.
D. Proposed Rules
OSM published proposed rules (58 FR 68494, December 27, 1993) to
its regulations implementing changes enacted as part of the Energy
Policy Act of 1992, Public Law 102-486 (Oct. 24, 1992). During the
comment period on the proposed rules, OSM received comments from two
state AML programs.
Pursuant to Executive Order 12866, every Federal agency is required
within applicable statutory limits to choose regulatory goals that
maximize benefits to society and select the most effective means to
achieve these goals. To this end OSM has received comments and
recommendations from the public.
All comments received during the comment period were considered in
this rulemaking process, and all substantive comments received are
addressed in the following preamble.
II. Organization
The regulatory revisions are intended to implement the requirements
of the Act of August 31, 1954, consistent with the purposes stated in
the Act, its legislative history, and the Secretary's commitment to
avoid excessive and burdensome regulations. These final rules implement
changes to the coal formation fire control program which was amended as
part of the Energy Policy Act of 1992, 102-486 (Oct. 24, 1992). The
material is organized into sections which comprise 30 CFR Part 880. At
the end of each section, any comments received from interested parties
are addressed.
III. Final Rules and Disposition of Comments
Part 880 Mine Fire Control
General
To reflect the new legislative provisions in the Energy Policy Act
of 1992 pertaining to coal outcrop fires, OSM is amending Part 880 of
Chapter VII, Subchapter R. Part 880 is renamed ``Mine Fire Control'' to
reflect the greater geographic expanse of its provisions. The Abandoned
Mine Land Program currently has 23 States and three Indian tribes with
approved programs that are now eligible to participate under the new
provisions. The old Title--Mine Fire Control, Appalachia--is no longer
indicative of its provisions. OSM is amending the authority section to:
1) include the Energy Policy Act of 1992, Pub. L. 102-486, and 2)
delete Pub. L. 95-87 (SMCRA) since none of the authority for the coal
formation fire control program comes from SMCRA.
The current numbering system used in Part 880 is not consistent
with that used elsewhere in OSM regulations. Therefore, the sections
have been redesignated as follows:
Existing Redesignated
Sec. 880.2 Sec. 880.5
Sec. 880.3 Sec. 880.11
Sec. 880.4 Sec. 880.12
Sec. 880.5 Sec. 880.13
Sec. 880.6 Sec. 880.14
Sec. 880.7 Sec. 880.15
Sec. 880.8 Sec. 880.16
The authority to fund projects to address coal outcrop fires comes
from the Act of August 31, 1954 (30 U.S.C. 551-558); section 205(a)(2)
of the Appalachian Regional Development Act of 1965 (Pub. L. 89-4, 79
Stat. 5); and the Energy Policy Act of 1992 (Pub. L. 102-486). None of
the authority comes from SMCRA. The Energy Policy Act of 1992 did not
provide any funds to address coal output fires. AML funds can only be
used to control or extinguish fires involving eligible abandoned mine
land.
Section 880.2 (Redesignated 880.5) Definitions
The definition of State was deleted as it limited States to those
listed in section 403 of the Appalachian Regional Development Act of
1965. Funds made available under the Act of August 31, 1954, and the
Energy Policy Act of 1992, can be used in any State or by Indian tribe.
The definition for Local authorities was modified to make it clearer. A
definition was added for Approved abandoned mine reclamation program
stating it means a program meeting the requirements defined in Section
405 of the Surface Mining Control and Reclamation Act of 1977, as
amended, and for two terms in the Act of August 31, 1954, Operating
coal mine and Inactive coal mine, to relate them to terms in the
Surface Mining Control and Reclamation Act of 1977, as amended. Project
is defined as ``a project whose purpose is to control or extinguish
fires in coal formations.''
No comments were received on this section.
Section 880.3 (Redesignated 880.11) Qualifications of Projects
This section was revised to include the provision in the Act of
August 31, 1954, that Federal funds cannot be used to fund projects to
control or extinguish fires in coal formations in privately owned
operating coal mines. It was also amended to provide that only projects
funded by the Appalachian Regional Development Commission must be
submitted by the State to the Commission and receive the approval of
that body. This Commission has not funded such projects in many years.
No comments were received on this section.
Section 880.4 (Redesignated 880.12) Cooperative Agreements
This section was revised to state clearly the roles of OSM, States,
Indian tribes, and other Federal agencies when extinguishing or
controlling coal formation fires under the authority of these
regulations. Paragraph 880.12 (a) states that OSM shall, upon
application by a State or Indian tribe with an approved abandoned mine
reclamation program, enter into a cooperative agreement with the State
or Indian tribe to control or extinguish fires in coal formations.
One commenter noted that it did not see a need for OSM to enter
into a cooperative agreement with States or Indian tribes that already
have existing approved abandoned mine reclamation programs. It argued
the outcrop coal fire projects should be handled via the same process
as any other ``simplified grant project.'' The commenter went on to say
that it can see no practical reason to establish a new procedural
framework for this type of activity. The establishment of a new
cooperative agreement by OSM to address coal outcrop fires does not
comply with Executive Order 12778 which directs Federal agencies to
promote ``simplification and burden reduction.''
OSM has not accepted this comment. Congress directed that OSM
shall, upon application by a State or Indian tribe having an approved
abandoned mine land program, enter into a cooperative agreement with
that State or Indian tribe to control or extinguish coal formation
fires. While OSM is committed to simplifying its procedures, OSM
believes it is not appropriate to use AML simplified grants to fund
projects under the authority of the Act of August 31, 1954, and the
Energy Policy Act of 1992 to extinguish or control fires in coal
formations. Congress did not identify a source of funds for such
projects to extinguish or control fires in coal formations. OSM
anticipates that if funds are made available in the future, they will
be used to address fires not eligible for AML funding. AML funds cannot
be used to address fires on lands not eligible for AML funding such as
outcrop fires where no prior mining has occurred. Since the simplified
grants are used to fund eligible AML projects, OSM does not want to mix
funds for eligible and ineligible AML projects in one funding
mechanism. Also, quite likely, these cooperative agreements will have
to contain provisions unique to the coal formation fire control
program.
Paragraph 880.12(b) authorizes OSM to conduct the fire control
projects in those States and with those Indian tribes not having an
approved abandoned mine reclamation program. However, upon application
by such a State or Indian tribe, OSM may enter into a cooperative
agreement with the State or Indian tribe to fund the control or
extinguishment of fires in coal formations. The Act of August 31, 1954,
requires that if a coal fire is in an inactive coal mine on lands now
owned or controlled by the United States or any of its agencies, except
where the project is necessary for the protection of lands or other
property owned or controlled by the United States or any of its
agencies, that: (1) the State or Indian tribe or the person owning or
controlling such lands contribute on a matching basis 50 percent of the
cost of planning and executing such project; or (2) if the State or
Indian tribe or the person furnishes evidence satisfactory to the
Secretary of an inability immediately to make the matching
contribution, that such State or Indian tribe or person pay the
Government, within such time as the Secretary shall determine, an
amount equal to 50 percent of the cost of planning and executing such
project. The Energy Policy Act of 1992 waived this requirement in
States or Indian tribes with an approved abandoned mine reclamation
program.
The same commenter noted that it believes the intent of Congress
(in the 1992 Energy Policy Act) was to make Federal funds available for
the total cost of abatement of coal fires on all lands in the United
States. OSM does not accept this comment. OSM is proposing 100 percent
Federal funding for extinguishment of fires in States or Indian tribes
having approved AML programs and on Federal lands. Fire abatement on
other lands would be funded by a 50/50 cost-share approach. Paragraph
880.12(b) pertains only to those States or Indian tribes not having an
approved AML program. As stated above, Congress only waived the
requirement for cost sharing on non-Federal lands for States or Indian
tribes having approved AML programs.
Paragraph (c) establishes that OSM is also authorized to conduct
fire control projects on lands owned or controlled by the United
States, with the cooperation of the agency having jurisdiction thereof.
However, upon application by another Federal agency having jurisdiction
for lands owned or controlled by the United States, OSM may enter into
an agreement with the other Federal agency to control or extinguish
such fires in coal formations.
The same commenter did not think that OSM (or the Federal agency
having jurisdiction for Federal lands) should be the only one
conducting coal formation fire control projects on Federal lands. The
commenter suggested that States or Indian tribes having responsibility
for conducting AML projects on Federal lands within their boundaries
should also have responsibility for conducting coal formation fire
control projects on Federal lands within their boundaries.
OSM accepts this comment in part. OSM wants the coal outcrop fire
program to be run as efficiently and cost effectively as possible. OSM
would encourage a State or Indian tribe to be responsible for a coal
outcrop fire project on Federal lands if it appears to be more cost
effective and if the entity's agreements to conduct AML projects on
Federal lands within its boundaries also apply to non-AML funded
projects. OSM, not the State or Indian tribe, will decide which
projects will be funded under the authorities listed in section 880.1,
Scope, within a State's or Indian tribe's border, including projects on
Federal lands.
OSM removed paragraph (d) of section 880.4 (redesignated 880.12),
which stated that none of the funds contributed by the Government or
the State or Indian tribe or the local authorities shall be used for
the purchase of sand, clay, stone, or other noncombustible materials
used to control or extinguish the fire. A review of the pertinent
legislation found no such restriction. In many cases, it might be
impossible to extinguish or control a coal fire if Federal or State or
Indian tribe funds could not be used to purchase sand, clay, stone,
chemical foams, or other noncombustible materials used to control or
extinguish the fire.
Section 880.5 (Redesignated 880.13) Project Implementation
The title of section 880.5 (redesignated 880.13) was changed from
``Project contract'' to ``Project implementation.'' Most of this
section contained guidance relative to the contracting procedures to be
followed for the extinguishment or control of coal formation fires.
Paragraphs (a) and (b) establish responsibilities for implementing
projects to extinguish or control coal formation fires in States or
Indian tribes having an approved abandoned mine land program and in
other States, Indian lands, or on Federal lands. A commenter suggested
deletion of paragraphs (a) (1) and (2) as States or Indian tribes with
approved AML programs routinely perform the described tasks for all AML
projects. The commenter questioned why the States or Indian tribes need
a new cooperative agreement that tells them to do things they do
already.
OSM does not accept this comment, as discussed above in relation to
paragraph 880.4(a) (redesignated 880.12(a)). Paragraph (a)(2)'s
requirement that if OSM assistance is required, OSM will be reimbursed
by the State or Indian tribe for all costs incurred including
employee's time, must remain in the rule. OSM anticipates that in most
instances, aid will be provided by employees whose salaries are paid
out of the AML fund. Because AML funds cannot be used to address
projects not eligible for AML funding, and because OSM anticipates that
most coal formation fire projects will address fires not eligible for
AML funding, it will often be necessary for States or Indian tribes to
reimburse OSM for any services provided.
OSM removed paragraphs (c) and (d) pertaining to contracts as none
of the legislation authorizing this program set out any special
contracting requirements. Normal contracting procedures for Federally
funded contracts as set out in OSM Directive GMT 10, ``Federal
Assistance Manual,'' and other relevant documents are to be followed.
In many instances, fire control projects must be initiated quickly to
prevent the fire from becoming much larger or to control quickly a
threat to public health and safety. States or Indian tribes entering
into cooperative agreements with OSM to extinguish or control coal
formation fires may need to use more expedited contracting procedures
than those used for regular AML projects. States managing their
emergency AML programs have often had to develop more expedited
contracting procedures. Sometimes new legislation has been required to
do so.
Section 880.6 (Redesignated 880.14) Administration of Contributions
OSM modified this section to recognize that, while some projects to
extinguish or control coal formation fires may be implemented by OSM,
others may be implemented by States or Indian tribes or another Federal
agency.
A commenter noted that if outcrop fires were funded as a regular
AML grant item, there would be no need to implement any of the changes
proposed in this section. OSM does not accept this comment for the
reasons previously discussed under section 880.4 (redesignated 880.12).
Section 880.7 (Redesignated 880.15) Assistance by States, Local
Authorities, and Private Parties
This section was amended to acknowledge that private parties may,
when appropriate, provide assistance.
A commenter suggested that this section be deleted because the
language in this section clearly states that all the support for the
project work must be provided (upon request) by States, Indian tribes,
local, or private parties. OSM does not accept this comment. This
section does not require that States, Indian tribes, local authorities,
or private parties support for a coal formation fire project. It says
that as appropriate, they may provide assistance.
IV. Procedural Matters
Paperwork Reduction Act
This rule does not contain collections of information that require
approval by the Office of Management and Budget under 44 U.S.C. 3501 et
seq.
Author
The principal author of this rule is Thomas E. Browne, Division of
Abandoned Mine Land Reclamation, Office of Surface Mining Reclamation
and Enforcement, U.S. Department of the Interior, 1951 Constitution
Avenue, N.W., Washington, D.C. 20240; Telephone: 202-208-2661.
Executive Order 12866
This rule is not subject to Office of Management and Budget review
under Executive Order 12866.
Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq., the Department of the Interior has determined that this rule will
not have a significant economic effect on a substantial number of small
entities. The rule facilitates voluntary cooperative agreements between
OSM and States or Indian tribes for the purpose of extinguishing fires
in coal formation outcrops.
Executive Order 12778 on Civil Justice Reform
This rule has been reviewed under the applicable standards of
section 2(b)(2) of Executive Order 12778, Civil Justice Reform (56 FR
55195). In general, the requirements of section 2(b)(2) of Executive
Order 12778 are covered by the preamble discussion of this rule.
Additional remarks follow concerning individual elements of the
Executive Order:
A. What is the preemptive effect, if any, to be given to the
regulation?
This rule will have no preemptive effect on State or Tribal laws or
regulations.
B. What is the effect on existing Federal law or regulation, if
any, including all provisions repealed or modified?
This rule modifies the AML program regulations pursuant to the Act
of August 31, 1954 (30 U.S.C. 551-558); section 205(a)(2) of the
Appalachian Regional Development Act of 1965 (Pub. L. 89-4, 79 Stat.
5), and the Energy Policy Act of 1992, Pub. L. 102-486, as described
herein, and is not intended to modify the rules or provisions of any
other Federal statute. The preceding discussion of this rule specifies
the Federal regulatory provisions that are affected by this rule.
C. Does the rule provide a clear and certain legal standard for
affected conduct rather than a general standard, while promoting
simplification and burden reduction?
The standards established by this rule are as clear and certain as
practicable, given the complexity of the topics covered and the
mandates of the Act of August 31, 1954 and the Energy Policy Act of
1992.
D. What is the retroactive effect, if any, to be given to the
regulation?
This rule is not intended to have retroactive effect.
E. Are administrative proceedings required before parties may file
suit in court? Which proceedings apply? Is the exhaustion of
administrative remedies required?
No administrative proceedings are required before parties may file
suit in court challenging the provisions of this revision. Prior to any
judicial challenge to the application of the revision, however,
administrative procedures must be exhausted.
F. Does the rule define key terms, either explicitly or by
reference to other regulations or statutes that explicitly define those
items?
Terms that are important to the understanding of this rule are set
forth in 30 CFR 880.5.
G. Does the rule address other important issues affecting clarity
and general draftsmanship of regulations set forth by the Attorney
General, with the concurrence of the Director of the Office of
Management and Budget, that are determined to be in accordance with the
purposes of the Executive Order?
The Attorney General and the Director of the Office of Management
and Budget have not issued any guidance on this requirement.
National Environmental Policy Act
OSM has prepared an environmental assessment (EA) and has made a
finding that this rule would not significantly affect the quality of
the human environment under section 102(2)(C) of NEPA, 42 U.S.C.
4332(2)(C). The EA and finding of no significant impact are on file in
the OSM Administrative Record, Room 660, 800 N. Capitol St., NW.,
Washington, DC.
List of Subjects in 30 CFR Part 880
Appalachia, Fire control or extinguishment, Government contracts,
Grant programs--Natural Resources, Mine safety and health.
Dated: August 18, 1994.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.
Accordingly, 30 CFR Part 880 is amended as set forth below:
CHAPTER VII--OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT,
DEPARTMENT OF THE INTERIOR
SUBCHAPTER R--ABANDONED MINE LAND RECLAMATION
1. The Title of Part 880 is revised to read as follows:
PART 880--MINE FIRE CONTROL
2. The authority citation for part 880 is revised to read as
follows:
Authority: 30 U.S.C. 551-558, 40 U.S.C. App. 205, and Pub. L.
102-486.
3. Sections 880.2 through 880.8 are redesignated as follows:
Old Section New Section
880.2 880.5
880.3 880.11
880.4 880.12
880.5 880.13
880.6 880.14
880.7 880.15
880.8 880.16
4. Section 880.1 is revised to read as follows:
Sec. 880.1 Scope.
Projects for the control or extinguishment of outcrop or
underground fires in coal formations under the authority of the Act of
August 31, 1954 (30 U.S.C. 551-558); section 205(a)(2) of the
Appalachian Regional Development Act of 1965 (Pub. L. 89-4, 79 Stat.
5), and the Energy Policy Act of 1992 (Pub. L. 102-486).
5. Newly designated Sec. 880.5 is amended by removing paragraph
(c); by redesignating paragraph (d) as (c) and revising it; and adding
new paragraphs (d), (e), (f), and (g) to read as follows:
Sec. 880.5 Definitions.
* * * * *
(c) Local authorities means the State or local governmental bodies
organized and existing under the authority of State laws, including,
but not limited to, a county, city, township, town, or borough;
(d) Approved abandoned mine reclamation program means a program
meeting the requirements defined in Section 405 of PL 95-87, as
amended;
(e) Operating coal mine means a coal mine for which the regulatory
authority has not terminated its jurisdiction as set out under 30 CFR
700.11(d)(1);
(f) Inactive coal mine means a coal mine for which the regulatory
authority has terminated its jurisdiction as set out under 30 CFR
700.11(d)(1);
(g) Project means a project whose purpose is to control or
extinguish fires in coal formations.
6. Newly designated Sec. 880.11 is revised to read as follows:
Sec. 880.11 Qualifications of projects.
The purpose of all projects is to prevent injury and loss of life,
protect public health, conserve natural resources, or protect public
and private property. Federal funds cannot be used to fund projects in
privately owned operating coal mines. Further, any such cooperative
agreement that is entered into under the Energy Policy Act of 1992 with
an AML State eligible to receive funds from the Appalachian Regional
Development Commission is not subject to review by that Commission.
7. Newly designated Sec. 880.12 is revised to read as follows:
Sec. 880.12 Cooperative agreements.
(a) OSM shall, upon application by a State or Indian tribe with an
approved abandoned mine reclamation program, enter into a cooperative
agreement with the State or Indian tribe to control or extinguish fires
in coal formations.
(b) OSM may conduct coal formation fire control projects in States
not having an approved abandoned mine reclamation program or on Indian
lands if the tribe does not have an approved abandoned mine reclamation
program. However, upon application by such a State or Indian tribe, OSM
may enter into a cooperative agreement with the State or Indian tribe
and the local authorities to control or extinguish fires in coal
formations. OSM shall require in connection with any project for the
control or extinguishment of fires in any inactive coal mine on lands
not owned or controlled by the United States or any of its agencies,
except where such project is necessary for the protection of lands or
other property owned or controlled by the United States or any of its
agencies in such a State that: (1) the State or the person owning or
controlling such lands contribute on a matching basis 50 percent of the
cost of planning and executing such project, or (2) if such State or
person furnishes evidence satisfactory to the Secretary of an inability
to make the immediately matching contribution herein provided for, that
such State or person pay the Government, within such time as the
Secretary shall determine, an amount equal to 50 percent of the cost of
planning and executing such project. If the project is funded by the
Appalachian Regional Commission, the Federal share shall not exceed 75
percent of the cost of the project.
(c) OSM is authorized to conduct fire control projects on lands
owned or controlled by the United States. However, upon application by
another Federal agency having jurisdiction for lands owned or
controlled by the United States, or a State or Indian tribe having an
approved abandoned mine reclamation program and agreements with Federal
agencies to conduct such projects on Federal lands within its
boundaries, OSM may enter into an agreement with either the other
Federal agency or State or Indian tribe to control or extinguish fires
in coal formations. There are no cost sharing requirements for this
type of project.
8. Newly designated Sec. 880.13 is revised to read as follows:
Sec. 880.13 Project implementation.
(a) Under cooperative agreements with States or Indian tribes
having an approved AML reclamation plan:
(1) States or Indian tribes will design, plan, and engineer a
method of operation for control or extinguishment of the outcrop or
underground mine fire, and will execute the project through a project
contract, or, if the work is to be done in phases, a series of project
contracts.
(2) If OSM assistance is required, OSM will be reimbursed by the
State or Indian tribe for all costs incurred, including OSM employees'
time.
(b) In States and on Indian lands under the jurisdiction of tribes
not having approved AML reclamation plans and on Federal lands, OSM has
the authority to design, plan, and engineer a method of operation for
control or extinguishment of the outcrop or underground mine fire, and
will execute the project through a project contract, or, if the work is
to be done in phases, a series of project contracts. OSM, may, at its
discretion, delegate authority to perform this work to States or Indian
tribes or other Federal agencies.
9. Newly designated Sec. 880.14 is revised to read as follows:
Sec. 880.14 Administration of contributions.
Financial contributions made by a State or Indian tribe, local
authorities, or another Federal agency will be deposited in a trust
fund in the Treasury of the United States. These contributions can be
withdrawn by OSM and expended by the organization executing the project
(OSM, a State, Indian tribe, or another Federal agency) pursuant to the
cooperative agreement as necessary in performance of the project work.
Withdrawals and expenditures from the trust fund will be made only for
costs connected with the project. Any part of the money contributed by
a State, Indian tribe, local authority, or another Federal agency for
an individual project that remains unexpended upon the completion or
termination of project will be returned to the State, Indian tribe,
local authority, or other Federal agency.
10. Newly designated Sec. 880.15 is amended by revising the section
heading; by revising the introductory paragraph; and by revising
paragraphs (a), (b) and (g) to read as follows:
Sec. 880.15 Assistance by States or Indian tribes, local authorities,
and private parties.
States Indian tribes, local authorities, or private parties, as may
be appropriate in each particular project, and without cost or charge
to project costs may:
(a) Provide assistance in planning and engineering the project, as
requested by the organization executing the project;
(b) Furnish best available information, data, and maps on the
location of the project and the location of water, sewer, and power
lines within the project area, and maps or plats showing properties and
lands on which releases, consents, or rights or interests in lands have
been obtained;
* * * * *
(g) Furnish noncombustible materials suitable for implementing the
planned fire control work. This material may be waste or borrow
material obtained at the site or brought in from off-site.
* * * * *
[FR Doc. 94-25539 Filed 10-14-94; 8:45 am]
BILLING CODE 4310-05-M
