[Federal Register Volume 59, Number 105 (Thursday, June 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13417]


[[Page Unknown]]

[Federal Register: June 2, 1994]


_______________________________________________________________________

Part V





Department of the Interior





_______________________________________________________________________



Office of Surface Mining Reclamation and Enforcement



_______________________________________________________________________



30 CFR Part 701, et al.




Lands Eligible for Remining; Proposed Rule
DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 701, 773, 785, 816, and 817

RIN 1029-AB74

 
Lands Eligible for Remining

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
proposes to amend its existing regulations in light of recently enacted 
changes to Title V of the Surface Mining Control and Reclamation Act of 
1977 (SMCRA), as amended by the Energy Policy Act of 1992. The proposed 
rules are intended to provide incentives for the remining and 
reclamation of lands eligible for expenditures under section 402(g)(4) 
or 404 of SMCRA.

DATES: Written comments: OSM will accept written comments on the 
proposed rule until 5 p.m., Eastern time, on August 1, 1994.
    Public hearings: Upon request, OSM will hold public hearings on the 
proposed rule in Washington, DC; and in the States of California, 
Georgia, Idaho, Massachusetts, Michigan, North Carolina, Oregon, Rhode 
Island, South Dakota, Tennessee, and Washington at times and on dates 
and locations to be announced in the Federal Register prior to the 
hearings. OSM will accept requests for public hearings until 5 p.m., 
Eastern time, on June 23, 1994. Individuals wishing to attend, but not 
testify, at any hearing should contact the person identified under FOR 
FURTHER INFORMATION CONTACT before the hearing date to verify that the 
hearing will be held.

ADDRESSES: Written comments: Hand-deliver to the Office of Surface 
Mining Reclamation and Enforcement, Administrative Record, room 660, 
800 North Capitol Street, Washington, DC; or mail to the Office of 
Surface Mining Reclamation and Enforcement, Administrative Record, room 
660 NC, 1951 Constitution Avenue, NW., Washington, DC 20240.
    Public hearings: The addresses and times for any hearings held will 
be announced prior to the hearings.
    Requests for public hearings: Submit requests orally or in writing 
to the person and address specified under FOR FURTHER INFORMATION 
CONTACT.

FOR FURTHER INFORMATION CONTACT: Douglas J. Growitz, P.G., Office of 
Surface Mining Reclamation and Enforcement, room 640 NC, 1951 
Constitution Avenue, NW, Washington, DC 20240; Telephone: 202-343-1507.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters

I. Public Comment Procedures

    Written Comments: Written comments submitted on the proposed rule 
should be specific, should be confined to issues pertinent to the 
proposed rule, and should explain the reason for any recommended 
change. Where practicable, commenters should submit three copies of 
their comments. Comments received after the close of the comment period 
(see DATES) or delivered to an address other than those listed above 
(see ADDRESSES), may not be considered or included in the 
Administrative Record for the final rule.
    Public hearings: OSM will hold a public hearing on the proposed 
rule on request only. The time, date, and address for any hearing will 
be announced in the Federal Register at least 7 days prior to the 
hearing.
    Any person interested in participating at a hearing at a particular 
location should inform Mr. Growitz (see FOR FURTHER INFORMATION 
CONTACT), either orally or in writing, of the desired hearing location 
by 5 p.m., Eastern time, on June 23, 1994. If no one has contacted Mr. 
Growitz to express an interest in participating in a hearing at a given 
location by that date, a hearing will not be held. If only one person 
expresses an interest, a public meeting rather than a hearing may be 
held and the results included in the Administrative Record.
    If a hearing is held, it will continue until all persons wishing to 
testify have been heard. The hearing will be transcribed. To assist the 
transcriber and ensure an accurate record, OSM requests that each 
person who testifies at a hearing provide the transcriber with a 
written copy of his or her testimony. To assist OSM in preparing 
appropriate questions, OSM also requests, if possible, that each person 
who plans to testify submit to OSM at the address previously specified 
for the submission of written comments (see ADDRESSES) an advance copy 
of his or her testimony.

II. Background

    The House of Representatives Report from the Committee on Interior 
and Insular Affairs on the Comprehensive National Energy Policy Act of 
1992 (H.R. Rep. 474, 102 Cong., 2d Session at 85 (1992)) contains the 
following statements: ``The [coal remining] provisions of this section 
seek to make coal available that otherwise would be bypassed by 
providing incentives for industry to extract and reprocess, in an 
environmentally sound manner, coal that remains in abandoned mine lands 
and refuse piles. Current law reclamation performance standards were 
devised to address surface coal mining on undisturbed lands; the 
unintended result is to discourage remining. Remining also serves to 
mitigate the health, safety, and environmental threats posed to 
coalfield residents from abandoned mine lands by augmenting the work 
done under the Abandoned Mine Reclamation Program.'' These statements 
succinctly characterize a basic and long-standing conflict associated 
with remining.
    On October 24, 1992, the President signed into law the Energy 
Policy Act of 1992, Public Law 102-486, section 2503, Coal Remining, 
which, in part, amended Sections 510, 515(b)(20), and 701 of SMCRA in 
order to provide the following initiatives to encourage remining in an 
environmentally-sound manner: 1. The revegetation success liability 
period for certain remining operations has been reduced to five years 
in the West and two years in the East; 2. Remined lands shall remain 
eligible for Title IV reclamation following bond release; and 3. The 
permittee of a remining operation shall not be subject to subsequent 
permit blocking under Section 510(c) of SMCRA for any violation 
resulting from an unanticipated event or condition occurring on the 
remining site. (Section 510(c) is implemented by 30 CFR 773.15.)

III. Discussion of Proposed Rules

A. Introduction

    Regarding the above-mentioned remining amendments to SMCRA which 
are the subject of this rulemaking, OSM sought input from environmental 
groups, industry, and State regulatory authorities concerning the 
extent to which new regulations would need to expand or clarify 
statutory language in order to effectively implement Congressional 
intent. Comments received during this outreach have been considered in 
developing this proposal. Other provisions in section 2503 of the 
Energy Policy Act prescribe specific regulatory initiatives regarding 
the removal or on-site reprocessing of abandoned coal refuse sites. 
These initiatives will be implemented under a separate rulemaking.

B. Proposed Rules

1. 30 CFR Part 701--Permanent Regulatory Program
    Section 701.5, Definitions, is proposed to be amended by adding two 
terms defined in section 2503(c) of the Energy Policy Act. Lands 
eligible for remining would be defined as in the Energy Policy Act by 
reference to sections 404 and 402(g)(4) of the SMCRA. Thus, the 
following sites would be included under this definition: sites that 
were mined for coal or affected by mining activities 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 other Federal laws; coal sites in each State abandoned after August 
3, 1977, but before the State received primacy under SMCRA and for 
which available bond is insufficient to provide for adequate 
reclamation; or coal sites where mining was completed between August 4, 
1977, and November 5, 1990, and which remain unreclaimed due to the 
insolvency of a surety company occurring during that same period.
    Unanticipated event or condition is proposes to be defined 
consistent with the definition contained in the Energy Policy Act to 
mean an event or condition at an operation on lands eligible for 
remining under section 404 or 402(g)(4) of SMCRA that was not 
contemplated by the applicable surface coal mining and reclamation 
permit.
2. 30 CFR Part 773--Requirements for Permits and Permit Processing
    OSM proposes to amend Section 773.15, Review of Permit 
Applications, in two ways.
    A new proposed subparagraph (c)(13) would require the regulatory 
authority to utilize data and analyses provided under existing permit 
information rules and proposed Sec. 785.25, discussed in the next 
section, in order to find that the proposed permit area contains lands 
eligible for remining and to set a threshold beyond which conditions or 
events arising subsequent to permit issuance may be presumed to 
constitute ``unanticipated events or conditions'' for the purpose of 
applying the permit-block exclusion of proposed paragraph (f) of 
Sec. 773.15.
    The regulatory authority would evaluate the potential environmental 
and safety problems and associated analysis provided by the applicant 
based on a review of procedures used, supporting data and 
documentation, and mitigation plans. After acceptance of the estimates 
and findings provided by the applicant, the regulatory authority would 
set the threshold. The threshold which will be determined on a case-by-
case basis is therefore set at permit issuance.
    OSM believes the information provided by the applicant under 
proposed new Sec. 785.25, which contains additional permit requirements 
tailored specifically to remining problems, is compatible with the 
development of a threshold. Two elements of proposed 785.25 are 
considered to be particularly well suited for this purpose: 1. The 
permit applicant's estimate of the maximum impacts associated with each 
identified potential environmental or safety problem; and 2. the permit 
applicant's estimate of the probability of each potential environmental 
or safety problem occurring. Furthermore, OSM believes that a threshold 
expressed quantitatively in terms of either or both of these two 
elements would provide the clearest guidance for operators, be easier 
to regulate for the regulatory authorities, and would minimize 
subsequent controversy and disputes between the operator and regulatory 
authority as to what events or conditions were indeed 
``unanticipated''.
    OSM is therefore seeking comments on three issues associated with 
formulating a threshold: 1. Whether either or both of the two elements 
described above, or some combination of the two, would provide an 
appropriate base for such formulation; 2. methods by which the base may 
be expressed in quantifiable terms; and 3. whether additional guidance 
is needed for the regulatory authority in the final rule and what the 
nature of that guidance should be.
    Proposed paragraph (f) would be added to implement the Energy 
Policy Act's section 2503(a) mandate for an exclusion from permit 
blocking provisions of 510(c) of SMCRA. The proposed rule would waive 
the permit-block provisions of paragraph (b) of Sec. 773.15 in cases 
where a violation occurred at a remining site and the violation was 
attributed to an unanticipated event or condition. In such cases, the 
person holding the remining permit would not be rendered ineligible for 
a new permit based on the violation. Statutory authority for the 
permit-block exclusion would expire on September 30, 2004.
    The scope of the permit-block exclusion of proposed paragraph (f) 
derives from the statutory term ``violation resulting from an 
unanticipated event or condition at a surface coal mining operation.'' 
The question has arisen whether the non-payment of delinquent penalties 
assessed after a notice of violation or a failure-to-abate cessation 
order based on an ``on the ground'' violation resulting from an 
unanticipated event or condition should be covered by the Energy Policy 
Act exclusion. Such delinquencies, which are violations, would be 
covered by the exclusion if they were construed as ``resulting from an 
unanticipated event or condition at a surface coal mining operation.'' 
OSM is seeking comments on the extent to which such violations should 
be covered by the exclusion in section 2503(a) of the Energy Policy 
Act.
    Another question that might arise is whether the operator of a 
previously undisturbed site would be subject to permit blocking for an 
unabated violation on his site which originated from an unanticipated 
event on a nearby or adjacent remining operation. Whether or not an 
event or condition on an adjacent site is a violation is a fact 
specific inquiry and depends on whether the surface coal mining 
operation on the adjacent site caused or contributed to the event or 
condition. Therefore, if the operator of the previously undisturbed 
site contributed to the event or condition which originated on the 
remining site and that operator does not abate the violation, the 
operator of the previously undisturbed site would be permit blocked. 
The proposed paragraph (f) exemption for permit blocking only relates 
to violations occurring on lands eligible for remining.
    OSM is seeking comments on any other examples of the interplay 
between remining operations and adjacent surface coal mining operations 
that may need to be explained in the final rulemaking.
3. 30 CFR Part 785--Requirements for Permits for Special Categories of 
Mining
    OSM proposes to add new Sec. 785.25, Lands eligible for remining. 
(Sections 785.23 and 785.24 are being reserved for a separate 
rulemaking.) The permit requirements in proposed section 785.25 for 
operations on lands eligible for remining are intended to supplement 
information requirements in existing rules as they would apply to 
operations on lands eligible for remining. The types of new permit 
information being proposed would be required only to the extent that 
they are not provided under existing regulations. For example, 
provisions related to the determination of probably hydrologic 
consequences at Secs. 780.21 and 784.14 of the permanent program 
regulations require baseline information on flow and quality of ground 
water and surface water and an estimate of the impacts of the proposed 
operation on these baseline conditions such as findings on: Whether 
adverse impacts may occur to the hydrologic balance; whether acid-
forming or toxic-forming materials are present that could contaminate 
surface or ground water supplies; and whether surface or ground water 
used for any legitimate purpose in the permit or adjacent area will be 
contaminated, diminished or interrupted.
    The permit requirements of Secs. 780.21 and 784.14 were intended to 
identify and control probable impacts to hydrology from coal removal 
associated with the first time disturbance of the land. Hence, they do 
not in most cases address the unique environmental or safety problems 
and impacts that can arise from the redisturbance of abandoned mine 
lands. The proposal would fill in this gap by focusing on the 
identification of: Potential environmental and safety problems specific 
to lands eligible for remining; maximum impacts that could result and 
the probability for the type of problem to occur; and mitigation 
measures to meet applicable performance standards. The purpose of these 
requirements is to provide the regulatory authority with a sound basis 
for setting a threshold beyond which conditions or events arising 
subsequent to permit issuance may be presumed to be unanticipated at 
the site. Furthermore, these requirements will help to ensure that 
potential environmental and safety problems commonly linked to 
abandoned mine land sites are not overlooked at the permitting stage 
and, thus, inadvertently contribute to the occurrence of unanticipated 
events or conditions which might result in more severe environmental or 
safety problems from the remining operation than may currently exist at 
the site.
    Thus, OSM believes it is essential that all reasonable evaluations 
be conducted in order to identify the probability for serious 
environmental or safety problems to occur. While there are potential 
economic and environmental benefits to be gained through remining, 
there also exists the potential for significant environmental 
degradation and safety problems. For example, if a remining operation 
unintentionally caused a sudden discharge of water or blowout from an 
adjacent water-filled abandoned mine, significant quantities of acid 
mine discharge could be released and create severe ecological harm in 
the receiving streams. It is important, therefore, in granting remining 
permits that the applicant identify the potential environmental and 
safety problems associated with the site, maximum impacts associated 
with these problems, and the probability for each type of problem to 
occur. These categories of information will assist the regulatory 
authority in setting a threshold beyond which conditions or events 
arising subsequent to permit issuance may be presumed to constitute 
unanticipated events or conditions. In order to provide a permit 
applicant for a remining operation some certainty regarding the 
potential scope of the 510(c) permit-blocking provision, the applicant 
shall be expected to provide all required information related to the 
potential environmental and safety problems of the remining site.
    OSM recognizes the difficulty of accurately predicting certain 
impacts such as acid mine drainage even on the basis of extensive 
baseline information. OSM is therefore soliciting comments on other 
specific information needed to be provided by the applicant that will 
be useful in developing a threshold for unanticipated events.
    OSM is also requesting estimates on the number of hours to develop 
the information required by Sec. 785.25 and is seeking suggestions on 
efficient and effective ways to develop this information and present it 
in the permit application.
4. 30 CFR Part 816--Permanent Program Performance Standards--Surface 
Mining Activities
    OSM is proposing to amend subparagraphs (c)(2) and (c)(3) of 
section 816.116, Revegetation: Standards for Success. The change at 
(c)(2) would reduce the period of applicant responsibility for 
revegetation success at sites eligible for remining from five to two 
years in areas of more than 26.0 inches of average annual precipitation 
and for these sites provide that vegetative parameters for grazing 
land, pasture land, or cropland shall equal or exceed the approved 
success standard during the growing season of any two years of the 
responsibility period. The change at (c)(3) would reduce the applicant 
responsibility for revegetation success from ten to five years in areas 
of 26.0 inches or less of annual average precipitation. The authority 
for these changes would expire on September 30, 2004.
5. 30 CFR Part 817--Permanent Program Performance Standards--
Underground Mining Activities
    OSM is proposing to amend subparagraphs (c)(2) and (c)(3) of 
Sec. 817.116, Revegetation: Standards for Success. The change at (c)(2) 
would reduce the period of applicant responsibility for revegetation 
success from five to two years in areas of more than 26.0 inches of 
average annual precipitation, and the change at (c)(3) would reduce the 
applicant responsibility for revegetation success from ten to five 
years in areas of 26.0 inches or less of annual average precipitation. 
The authority for these changes would expire on September 30, 2004.

IV. Procedural Matters

Federal Paperwork Reduction Act

    The collections of information contained in this rule have been 
submitted to the Office of Management and Budget for approval as 
required by 44 U.S.C. 3501 et seq. The collection of this information 
will not be required until it has been approved by the Office of 
Management and Budget.
    Public reporting burden for this collection of information is 
estimated to average 80 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden estimate 
or any other collection of information, including suggestions for 
reducing the burden, to the Office of Surface Mining Reclamation and 
Enforcement, Information Collection Clearance Officer, room 640 NC, 
1951 Constitution Ave., Washington, DC 20240; and the Office of 
Management and Budget, Paperwork Reduction Project (1029-0040 and 1029-
0041), Washington, DC 20503.

Executive Order 12778; Civil Justice Reform Certification

    This proposed 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 proposed 
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?
    To retain primacy, States have to adopt and apply standards for 
their regulatory programs that are no less effective than those set 
forth in OSM's regulations. Any State law that is inconsistent with or 
that would preclude implementation of the proposed regulation would be 
subject to preemption under section 505 of SMCRA and its implementing 
regulations at 30 CFR 730.11.
    Section 505(b) of that act provides that any provision of State law 
which provides for more stringent land use and environmental controls 
and regulation of surface coal mining and reclamation operations than 
do the provisions of SMCRA or any regulations issued pursuant thereto 
shall not be construed to be inconsistent with SMCRA. Therefore, to the 
extent that the proposed regulation would provide less stringent land 
use and environmental controls than presently contained in State law, 
the proposed regulation would not preempt the State provisions and 
would not necessitate changes to approved State programs. A more 
definitive answer to this question will depend on the provisions of any 
final rule adopted in this rulemaking.
    B. What is the effect on existing Federal law or regulation, if 
any, including all provisions repealed or modified?
    This proposed rule modifies the implementation of SMCRA, as 
described herein, and is not intended to modify the implementation of 
any other Federal statute. The preceding discussion of this proposed 
rule specifies the Federal regulatory provisions that are affected by 
this proposed revision.
    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 SMCRA. The purpose of this proposed rule is to establish 
clear and certain standards in order to implement a more effective 
program.
    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 proposed rule under 
section 526(a) of SMCRA, 30 U.S.C. 1276(a).
    Prior to any judicial challenge to the application of the rule, 
however, administrative procedures must be exhausted. In situations 
involving OSM application of the rule, applicable administrative 
procedures may be found at 43 CFR part 4. In situations involving State 
regulatory authority application of provisions equivalent to those 
contained in this proposed rule, applicable administrative procedures 
are set forth in the particular State program.
    F. Does the rule define key terms, either explicitly or by 
reference to other regulations or statutes that explicitly define those 
items?
    Terms which are important to the understanding of this proposed 
rule are set forth in 30 CFR 700.5, 701.5, 773.15 and 785.23. New 
definitions are located in section 701.5.
    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 Management and 
Budget have not issued any guidance on this requirement.

Executive Order 12866

    This proposed rule has been reviewed under Executive Order 12866.

Regulatory Flexibility Act

    The Department of the Interior has determined, pursuant to the 
Regulatory Flexibility Act, 5 U.S.C. 601 et, seq., that the proposed 
rule will not have a significant economic impact on a substantial 
number of small entities. This determination is based on the findings 
that the regulatory additions is the rule will not change costs to 
industry or to the Federal, State, or local governments. Furthermore, 
the rule produces no adverse effects on competition, employment, 
investment, productivity, innovation, or the ability of the United 
States enterprises to compete with foreign-based enterprises in 
domestic or export markets.

National Environmental Policy Act

    OSM has prepared a draft environmental assessment (EA) of this 
proposed rule and has made a tentative finding that it would not 
significantly affect the quality of the human environment under section 
102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), 42 
U.S.C. 4332(2)(C). It is anticipated that a finding of no significant 
impact (FONSI) will be made for the final rule in accordance with OSM 
procedures under NEPA. The EA is on file in the OSM Administrative 
Record at the address specified previously (see ADDRESSES). The EA will 
be completed and a finding made on the significance of any resulting 
impacts prior to promulgation of the final rule.

Author

    The principal author of this proposed rule is: Douglas J. Growitz, 
P.G., Hydrologist, Branch of Research and Technical Standards, Office 
of Surface Mining Reclamation and Enforcement, room 640 NC, 1951 
Constitution Avenue, NW., Washington, DC 20240, Telephone: 202-343-
1507.

List of Subjects

30 CFR Part 701

    Law enforcement, Surface mining, Underground mining.

30 CFR Part 773

    Reporting and recordkeeping requirements, Administrative practice 
and procedure, Surface mining, Underground mining.

30 CFR Part 785

    Reporting and recordkeeping requirements, Surface mining, 
Underground mining.

30 CFR Part 816

    Environmental protection, Reporting and recordkeeping requirements, 
Surface mining.

30 CFR Part 817

    Environmental protection, Reporting and recordkeeping requirements, 
Underground mining.

    Dated: May 11, 1994.
Nancy Keir Hayes,
Acting Assistant Secretary, Land and Minerals Management.
    Accordingly, OSM proposes to amend 30 CFR parts 701, 773, 785, 816 
and 817 as set forth below:

PART 701--PERMANENT REGULATORY PROGRAM

    1. The authority citation for part 701 is revised to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq., as amended; Pub. L. 100-34; 
and Pub. L. 102-486.

    2. Section 701.5 is amended by adding alphabetically definitions of 
``lands eligible for remining'' and ``unanticipated event or 
condition'' as follows:


Sec. 701.5  Definitions.

* * * * *
    Lands eligible for remining means those lands that would otherwise 
be eligible for expenditures under section 404 or under section 
402(g)(4) of the Act.
* * * * *
    Unanticipated event or condition as used in Secs. 773.15 and 785.25 
of this chapter means an event or condition at a surface coal mining 
operation on lands eligible for remining that was not contemplated by 
the applicable permit to conduct surface coal mining operations.
* * * * *

PART 773--REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING

    3. The authority citation for part 773 is revised to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq., as amended; Pub. L. 100-34; 
16 U.S.C. 470 et seq.; 16 U.S.C. 1531 et seq.; 16 U.S.C. 661 et 
seq.; 16 U.S.C. 703 et seq.; 16 U.S.C. 668a; 16 U.S.C. 469 et seq.; 
16 U.S.C. 470aa et seq.; and Pub. L. 102-486.

    4. Section 773.15 is amended by adding new paragraphs (c)(13) and 
(f) to read as follows:


Sec. 773.15  Review of permit applications.

* * * * *
    (c) * * *
    (13) Based upon the data and analyses provided under parts 779, 
780, 783, and 784, as applicable, and Sec. 785.25 of this chapter, the 
regulatory authority has: (i) determined that the permit contains lands 
eligible for remining; and (ii) set a threshold beyond which conditions 
or events arising subsequent to permit issuance may be presumed to 
constitute unanticipated events or conditions for the purposes of 
Sec. 773.15(f) of this chapter.
* * * * *
    (f) Lands eligible for remining. Until September 30, 2004, the 
prohibitions of paragraph (b) of this section shall not apply to any 
violation resulting from an unanticipated event or condition at a 
surface coal mining and reclamation operation on lands eligible for 
remining under a permit held by the person making such application.
* * * * *

PART 785--REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING

    5. The authority citation for part 785 is revised to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq., as amended; Pub. L. 100-34; 
and Pub. L. 102-486.

    6. Section 785.25 is added to read as follows:


Sec. 785.25  Lands eligible for remining.

    (a) This section applies to any person who conducts or intends to 
conduct a surface coal mining operation on lands eligible for remining.
    (b) Any application for a permit under this section shall be made 
according to all requirements of this subchapter applicable to surface 
coal mining and reclamation operations. In addition, the application 
shall:
    (1) To the extent not otherwise addressed in the permit 
application, identify potential environmental and safety problems 
associated with the site, the maximum degree of impact attributable to 
each problem, and the probability that each type of problem will occur. 
These problems would include but are not limited to impacts of acid 
mine drainage on the hydrologic balance, sudden discharges of water 
from adjacent water-filled mine workings, and sediment and safety 
issues associated with abandoned spoil.
    (2) Describe mitigative measures for each potential environmental 
or safety problem in order to meet applicable performance standards.

PART 816--PERMANENT PROGRAM PERFORMANCE STANDARDS-SURFACE MINING 
ACTIVITIES

    7. The authority citation for part 816 is revised to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq., as amended; sec 115 of Pub. 
L. 98-146, 30 U.S.C. 1257; Pub. L. 100-34; and Pub. L. 102-486.

    8. Section 816.116 is amended by revising paragraphs (c)(2) and 
(c)(3) to read as follows:


Sec. 816.116  Revegetation: Standards for success.

 * * * * *
    (c)(2) In areas of more than 26.0 inches of annual average 
precipitation, the period of responsibility shall continue for a period 
of less than five full years, except that, on lands eligible for 
remaining, the period of responsibility (until September 30, 2004) 
shall be two full years. In areas with a five-year period of 
responsibility, the vegetation parameters identified in paragraph (b) 
of this section for grazing land, pasture land, or cropland shall equal 
or exceed the approved success standard during the growing season of 
any two years of the responsibility period, except the first year. In 
areas with a two-year period of responsibility, the vegetative 
parameters identified in paragraph (b) of this section for grazing 
land, pasture land, or cropland shall equal or exceed the approved 
success standard during the growing season of any two years of the 
responsibility period. Areas approved for the other uses identified in 
paragraph (b) of this section shall equal or exceed the applicable 
success standard during the growing season of the last year of the 
responsibility period.
    (3) In areas of 26.0 inches or less average annual precipitation, 
the period of responsibility shall continue for a period of not less 
than 10 full years, except that, on lands eligible for remining, the 
period of responsibility (until September 30, 2004) shall be five 
years. Vegetation parameters identified in paragraph (b) of this 
section shall equal or exceed the approved success standard for at 
least the last two consecutive years of the responsibility period.
 * * * * *

PART 817--PERMANENT PROGRAM PERFORMANCE STANDARDS--UNDERGROUND 
MINING ACTIVITIES

    9. The authority citation for part 817 is revised to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq., as amended; sec. 115 of Pub. 
L. 98-146, 30 U.S.C. 1257; Pub. L. 100-34; and Pub. L. 102-486.

    10. Section 817.116 is amended by revising paragraphs (c)(2) and 
(c)(3) to read as follows:


Sec. 817.116  Revegetation: Standards for success.

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    (c)(2) In areas of more than 26.0 inches of annual average 
precipitation, the period of responsibility shall continue for a period 
of not less than five full years, except that, on lands eligible for 
remining, the period of responsibility (until September 30, 2004) shall 
be two full years. In areas with a five-year period of responsibility, 
the vegetation parameters identified in paragraph (b) of this section 
for grazing land, pasture land, or cropland shall equal or exceed the 
approved success standard during the growing season of any two years of 
the responsibility period, except the first year. In areas with a two-
year period of responsibility, the vegetative parameters identified in 
paragraph (b) of this section for grazing land, pasture land, or 
cropland shall equal or exceed the approved success standard during the 
growing season of any two years of the responsibility period. Areas 
approved for the other uses identified in paragraph (b) of this section 
shall equal or exceed the applicable success standard during the 
growing season of the last year of the responsibility period.
    (3) In areas of 26.0 inches or less average annual precipitation, 
the period of responsibility shall continue for a period of not less 
than 10 full years, except that, on lands eligible for remining, the 
period of responsibility (until September 30, 2004) shall be five 
years. Vegetation parameters identified in paragraph (b) of this 
section shall equal or exceed the approved success standard for at 
least the last two consecutive years of the responsibility period.
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[FR Doc. 94-13417 Filed 6-1-94; 8:45 am]
BILLING CODE 4310-05-M