[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]


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Part II





Department of the Interior





_______________________________________________________________________



Office of Surface Mining Reclamation and Enforcement



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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.

-----------------------------------------------------------------------

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