[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15862]


[[Page Unknown]]

[Federal Register: June 30, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 901

 

Alabama Abandoned Mine Land Reclamation Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is announcing the approval of a proposed amendment to the 
Alabama Abandoned Mine Land Reclamation (AMLR) Plan (hereinafter 
referred to as the Alabama Plan) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1231 et seq., as amended. 
Alabama proposed revising its procedures for ranking and selecting 
abandoned mine land reclamation projects and procedures for obtaining 
right-of-entry by changing the eligibility date for abandoned mine land 
reclamation. Alabama also revised its statutory definition of 
``abandoned mine lands.'' The amendment is intended to meet the 
requirements of Title IV and the Federal regulations.

EFFECTIVE DATE: June 30, 1994.

FOR FURTHER INFORMATION CONTACT:
Jesse Jackson, Jr., Director, Birmingham Field Office, Office of 
Surface Mining Reclamation and Enforcement, 135 Gemini Circle, Suite 
215, Birmingham, Alabama 35209. Telephone: (205) 290-7282.

SUPPLEMENTARY INFORMATION: 
I. Background on the Alabama Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations

I. Background on the Alabama Program

    Title IV of SMCRA, Public Law 95-87, 30 U.S.C. 1202 et seq., 
establishes an AMLR program for the purposes of reclaiming and 
restoring lands and water resources adversely affected by past mining. 
This program is funded by a reclamation fee imposed upon the production 
of coal. As enacted in 1977, lands and waters eligible for reclamation 
were those that were mined or affected by mining 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 
Federal law. The AML Reclamation Act of 1990 (Pub. L. 101-508, Title 
IV, Subtitle A, Nov. 5, 1990, effective Oct. 1, 1991) amended SMCRA, 30 
U.S.C., 1231 et seq., to provide changes in the eligibility of project 
sites for AML expenditures. Title IV of SMCRA now provides for 
reclamation of certain mine sites where the mining occurred after 
August 3, 1977. These include interim program sites where bond 
forfeiture proceeds were insufficient for adequate reclamation and 
sites affected any time between August 4, 1977, and November 5, 1990, 
for which there were insufficient funds for adequate reclamation due to 
the insolvency of the bond surety. Title IV provides that a State with 
an approved AMLR program has the responsibility and primary authority 
to implement the program.
    The Secretary of the Interior approved the Alabama AMLR Plan on May 
20, 1982. Information pertinent to the general background, revisions, 
and amendments to the initial plan submission, as well as the 
Secretary's findings and the disposition of comments can be found in 
the May 20, 1982, Federal Register (47 FR 22062). Actions taken 
subsequent to the approval of the Alabama AMLR Plan are identified at 
30 CFR 901.20 and 901.25.
    The Secretary has adopted regulations at 30 CFR Part 884 that 
specify the content requirements of a State reclamation plan and the 
criteria for approval. The regulations provide that a State may submit 
to the Director proposed amendments or revisions to the approved 
reclamation plan. If the amendments or revisions change the 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 
884.13 in approving or disapproving an amendment or revision.

II. Submission of Proposed Amendment

    By letter dated October 1, 1993, Alabama submitted a reclamation 
plan amendment to OSM (Administrative Record No. AL-0504). The proposed 
amendment consists of revised narratives to replace portions of the 
approved Alabama Plan as provided for by 30 CFR 884.13. The Alabama 
Plan was revised to change the eligibility date for AMLR reclamation 
from August 3, 1977, to November 5, 1990.
    OSM announced receipt of the proposed amendment in the October 21, 
1993, Federal Register (58 FR 54313) and, in the same notice, opened 
the public comment period and provided opportunity for a public hearing 
on the adequacy of the proposed amendment. The comment period closed on 
November 22, 1993.
    During its review of the amendment, OSM identified concerns 
relating to: a) the State's lack of specificity in proposing to extend 
eligibility to sites mined and abandoned prior to November 5, 1990; and 
b) the State's plan to extend emergency eligibility to sites mined 
after August 3, 1977. OSM notified Alabama of these concerns by letter 
dated January 27, 1994 (Administrative Record No. AL-508). Alabama 
responded in a letter dated April 5, 1994 (Administrative Record No. 
AL-509), by submitting a revised amendment. The revised amendment 
includes specific language describing those sites eligible for 
abandoned mine land reclamation. The proposed change of date in 
Alabama's emergency program section of the AMLR Plan was withdrawn.
    Based on the revisions to the proposed amendment submitted by 
Alabama, OSM reopened the public comment period in the June 1, 1994, 
Federal Register (59 FR 28302). The public comment period closed on 
June 16, 1994.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 884.14 and 885.15, are the Director's findings concerning the 
proposed amendment submitted on October 1, 1993, and revised on April 
5, 1994. Revisions not specifically discussed below concern 
nonsubstantive wording changes, or revised cross-references and 
paragraph notations to reflect organizational changes resulting from 
this amendment.

1. Procedures for Ranking and Selecting/Landowner's Guide to 
Reclamation

    Alabama is proposing to revise its ranking and selection procedures 
for abandoned mine land reclamation projects and right of entry 
procedures as provided in the reclamation guidelines for landowners by 
extending abandoned mine land eligibility to sites mined after August 
3, 1977. Those sites would include: a) sites mined during the period 
beginning on August 4, 1977, and ending on or before May 20, 1982, for 
which funds for reclamation or abatement 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; or b) sites mined 
during the period beginning on August 4, 1977, and ending on or before 
November 5, 1990, and for which the surety of the mining operator 
became insolvent and there were not sufficient funds to provide for 
adequate reclamation or abatement.
    The proposed State revisions pertaining to ranking and selection 
and landowner's guidelines to reclamation are substantively identical 
to section 402(g)(4)(B) (i) and (ii) of SMCRA. Therefore, the Director 
finds the proposed State rules no less effective than the Federal rules 
at section 402(g)(4)(B) (i) and (ii).

2. Senate Bill 162--Definition

    In section 9-16-121 of Senate bill 162, Alabama revised the 
statutory definition of ``abandoned mine lands'' to include certain 
lands affected by the mining of coal prior to November 5, 1990. In 
section 9-16-124, Alabama defined lands and water eligible for 
reclamation or drainage abatement expenditures as those which were 
mined for coal or which were affected by the mining or coal mining 
processes, and abandoned or left in an inadequate reclamation status 
prior to November 5, 1990, and for which there is no continuing 
reclamation responsibility under existing State or Federal law.
    While the Federal rules do not contain a definition of ``abandoned 
mine lands,'' section 404 of SMCRA defines eligible lands and water. 
Further, section 402(g)(4) of SMCRA specifies certain criteria which 
sites must satisfy in order to meet AML eligibility requirements. 
Although Alabama's statutory language lacks the specificity of section 
402(g)(4) of SMCRA, the Alabama Plan is being revised, as discussed in 
Finding 1, to include the more restrictive language provided by SMCRA. 
Therefore, the Director finds the revised definitions in Senate Bill 
162 not inconsistent with the Federal rules at sections 402(g)(4) and 
404 of SMCRA.

IV. Summary and Disposition of Comments

Public Comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed amendment submitted on October 1, 
1993. No public comments were received, and because no one requested an 
opportunity to testify at a public hearing, no hearing was held.
    The Director reopened the public comment for the revised amendment 
submitted on April 5, 1994. No comments were received.

Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited 
comments from the Administrator of the U.S. Environmental Protection 
Agency (EPA), the Secretary of the U.S. Department of Agriculture, and 
the heads of other Federal agencies with an actual or potential 
interest in the Alabama program. No comments were received.

Environmental Protection Agency

    Under 30 CFR 732.17(h)(11)(ii), the Director is required to obtain 
the written concurrence of the Administrator of the EPA with respect to 
any provisions of a State program amendment that relate to air or water 
quality standards promulgated under the authority of the Clean Air Act 
(42 U.S.C. 7401 et seq.) or the Clean Water Act (33 U.S.C. 1251 et 
seq.). The Director has determined that this amendment contains no 
provisions in these categories and that EPA's concurrence is not 
required.

V. Director's Decision

    Based on the above findings, the Director is approving the program 
amendment submitted by Alabama on October 1, 1993, and revised on April 
5, 1994.
    The Federal regulations at 30 CFR Part 901 codifying decisions 
concerning the Alabama program are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs in conformity with the Federal standards without 
delay. Consistency of State and Federal standards is required by SMCRA.

VI. Procedural Determinations

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).

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, to the extent allowed by law, 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 and Tribal abandoned mine land reclamation plans and revisions 
thereof since each such plan is drafted and adopted by a specific State 
or Tribe, not by OSM. Decisions on proposed State and Tribal abandoned 
mine land reclamation plans and revisions thereof submitted by a State 
or Tribe 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 
Federal regulations at 30 CFR Parts 884 and 888.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
agency decisions on proposed State and Tribal abandoned mine land 
reclamation 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)].

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget under the 
Paperwork Reduction Act, 44 U.S.C. et seq.

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 submittal which is the subject of this rule is based upon 
corresponding 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 
previously promulgated by OSM will be implemented. 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 901

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 23, 1994.
Robert J. Biggi,
Acting Assistant Director, Eastern Support 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 901--ALABAMA 
    1. The authority section for Part 901 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. In Sec. 901.25, a new paragraph (d) is added to read as follows:
Sec. 901.25  Amendment to approved Alabama Abandoned Mine Land 
Reclamation Plan.

* * * * *
    (d) The Alabama amendment revising the eligibility date for 
abandoned mine land reclamation and the definition of ``abandoned mine 
lands'' submitted on October 1, 1993, and revised on April 5, 1994, is 
approved effective June 30, 1994.

[FR Doc. 94-15862 Filed 6-29-94; 8:45 am]
BILLING CODE 4310-05-M