[Federal Register Volume 59, Number 225 (Wednesday, November 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28937]


[[Page Unknown]]

[Federal Register: November 23, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 870

 

Abandoned Mine Reclamation Fund--Fee Collection and Coal 
Production Reporting

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

ACTION: Notice of suspension.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
of the United States Department of the Interior (DOI) is suspending a 
portion of its permanent program regulations found at 30 CFR 870.5 
which defines the term Qualified hydrologic unit. This action is being 
taken in order to assure that the language of this definition comports 
with the language of Title IV of the Surface Mining Control and 
Reclamation Act (SMCRA) of 1977, as amended by the Omnibus Budget 
Reconciliation Act of 1990 (November 5, 1990) which included the 
Abandoned Mine Reclamation Act of 1990, as amended, and by the Energy 
Policy Act of 1992 (October 24, 1992).

EFFECTIVE DATE: November 23, 1994.

FOR FURTHER INFORMATION CONTACT:
Norman J. Hess, Office of Surface Mining Reclamation and Enforcement, 
U.S. Department of the Interior, 1951 Constitution Avenue, N.W., 
Washington, DC 20240, Telephone: 202-208-2949.

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of Definition Suspended
III. Procedural Matters

I. Background

    The Abandoned Mine Land (AML) Reclamation Program was established 
by SMCRA, Public Law 95-87, 30 U.S.C. 1201 et seq., in response to 
concern over extensive environmental damage caused by past coal mining 
activities. On October 25, 1978, OSM published final regulations 
implementing an AML Reclamation Program incorporating the provisions of 
Title IV of SMCRA. OSM published revisions to these regulations on June 
30, 1982, in response to the Administration's request for regulatory 
review. On November 5, 1990, the President signed into Law the Omnibus 
Budget Reconciliation Act of 1990, Public Law 101-508, which included 
the Abandoned Mine Reclamation Act of 1990, as amended. In addition to 
extending the authority to collect reclamation fees, the amendments to 
Title IV contained several significant provisions. OSM published 
proposed rules at 56 FR 57376-57401 (November 8, 1991) implementing the 
1990 amendments to Title IV of SMCRA and requested comments from the 
public. On October 24, 1992, the President signed into law the Energy 
Policy Act of 1992, Public Law 102-486. Included in this law were 
several additional amendments to the AML Reclamation Program under 
Title IV of SMCRA. These amendments were incorporated into the 
rulemaking and the Abandoned Mine Land Reclamation Fund Reauthorization 
Implementation final regulations were published at 59 FR 28136-28174 
(May 31, 1994).

II. Discussion of Definition Suspended

    The final rule noted above amended the definitions in Section 870.5 
for ``eligible lands and water,'' and ``left or abandoned in either an 
unreclaimed or inadequately reclaimed condition,'' and added new 
definitions for ``mineral owner'' and ``qualified hydrologic unit.'' 
The new definitions updated these terms so that they would be 
consistent with the recent amendments to SMCRA. The definitions reflect 
additional eligibility for lands adversely affected by mining between 
August 3, 1977 and November 5, 1990; for noncoal lands after 
certification of the reclamation of all known coal problems; for water 
projects; and finally for lands affected by qualifying operations.
    The term Qualified hydrologic unit has been defined at Section 
870.5 of the final regulation. Statutory language contained in SMCRA 
Section 402(g)(7)(D) stipulates that a qualified hydrologic unit must 
include lands and waters which are eligible pursuant to Section 404 and 
include any of the first three priorities as stated in Section 403(a), 
and (2) proposed to be the subject of expenditures by the State/Indian 
tribe (from amounts available from the forfeiture of bonds required 
under Section 509 or from other State/Indian tribe sources) to mitigate 
acid mine drainage. In Section 870.5 of the regulation, OSM substituted 
or for and thereby making both categories independently eligible for 
funding. Concern has been raised as to whether the language of the 
regulation is consistent with the language of the statute in that it 
inappropriately broadens the definition beyond that allowed by the 
statute. Due to this concern, the definition of Qualified hydrologic 
unit contained in Section 870.5 of the regulations is suspended in so 
far as it does not require a hydrologic unit to be both (1) eligible 
pursuant to Section 404 and include any of the first three priorities 
stated in Section 403(a), and (2) proposed to be the subject of 
expenditures by the State (from amounts available from the forfeiture 
of a bond required under Section 509 or from other State sources) to 
mitigate acid mine drainage in order to be considered a qualified 
hydrologic unit.

III. Procedural Matters

Federal Paperwork Reduction Act

    This Notice of Suspension does not contain collections of 
information which require approval by the Office of Management and 
Budget under 44 U.S.C. 3501 et seq.

Executive Order 12866

    This Notice of Suspension has been reviewed under Executive Order 
12866.

Regulatory Flexibility Act

    DOI has conducted an analysis of the underlying final regulations 
published at 50 FR 28136-28174 (May 31, 1994) and determined, pursuant 
to the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., that the final 
rule will not have a significant economic impact on a substantial 
number of small entities. The legislation enacted by Congress extends 
an existing program, and the resulting costs to the regulated industry 
and to consumers are not expected to vary from current levels. Further, 
it has also been determined that this Notice of Suspension will have no 
material effect on small business entities.

National Environmental Policy Act

    The effect of the regulation being suspended by this Notice of 
Suspension was included in an environmental assessment (EA) prepared by 
OSM for the underlying final regulations. That EA made a finding that 
the final regulations would not significantly effect the quality of the 
human environment under Section 102(2)(C) of the National Environmental 
Policy Act, 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.

Author

    The principal author of this Notice of Suspension is Norman J. 
Hess, Division of Abandoned Mine Land Reclamation, Office of Surface 
Mining Reclamation and Enforcement, U.S. Department of the Interior, 
1951 Constitution Avenue NW., Washington, DC 20240; Telephone: 202-208-
2949.

 List of Subjects

30 CFR Part 870

    Reporting and recordkeeping requirements, Surface mining, 
Underground mining.

    Dated: October 28, 1994.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.

    Accordingly, a portion of the definition of Qualified hydrologic 
unit contained in 30 CFR 870.5 is suspended as set forth below:

PART 870--ABANDONED MINE RECLAMATION FUND--FEE COLLECTION AND COAL 
PRODUCTION REPORTING

    1. The authority citation for Part 870 continues to read as 
follows:

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


Sec. 870.5  [Partially Suspended]

    2. The definition of Qualified hydrologic unit contained in 
Sec. 870.5 Definitions is suspended in so far as it does not require a 
hydrologic unit to be both: (1) Eligible pursuant to Section 404 and 
include any of the first three priorities stated in Section 403(a), and 
(2) proposed to be the subject of expenditures by the State (from 
amounts available from the forfeiture of a bond required under Section 
509 or from other State sources) to mitigate acid mine drainage in 
order to be considered a qualified hydrologic unit.

[FR Doc. 94-28937 Filed 11-22-94; 8:45 am]
BILLING CODE 4310-05-M