[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Proposed Rules]
[Pages 19697-19699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9773]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

[IL-091]


Illinois Abandoned Mine Land Reclamation Plan

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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

SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Illinois Abandoned Mine Land Reclamation Plan (hereinafter referred to 
as the ``Illinois plan'') under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). The proposed amendment pertains to the 
merger of the Illinois Abandoned Mined Lands Reclamation Council into 
the newly created Illinois Department of Natural Resources, Office of 
Mines and Minerals. The Amendment is intended to provide formal 
notification to OSM of this pending reorganization.

DATES: Written comments must be received by 4:00 p.m., C.D.T., May 22, 
1995. If requested, a public hearing on the proposed amendment will be 
held on May 15, 1995. Requests to speak at the hearing must be received 
by 4:00 p.m., C.D.T., on May 5, 1995.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to James F. Fulton, Director, at the 
addresses listed below.
    Copies of the Illinois plan, the proposed amendment, a listing of 
any scheduled public hearings, and all written comments received in 
response to this document will be available for public review at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. Each requester may receive one free copy of 
the proposed amendment by contacting OSM's Springfield Field Office.

James F. Fulton, Director, Springfield Field Office, Office of Surface 
Mining Reclamation and Enforcement, 511 West Capitol, Suite 202, 
Springfield, Illinois 62704, Telephone: (217) 492-4495.
Illinois Abandoned Mined Lands Reclamation Council, 928 South Spring 
Street, Springfield, Illinois 62704, Telephone: (217) 782-0588.

FOR FURTHER INFORMATION CONTACT: James F. Fulton, Director, Springfield 
Field Office, Telephone: (217) 492-4495.

SUPPLEMENTARY INFORMATION:

I. Background on the Illinois Plan

    Title IV of SMCRA established an Abandoned Mine Land Reclamation 
(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 
they were no continuing reclamation responsibility under State or 
Federal law. The AML Reclamation Act of 1990 (Pub. L. 101-508, Title 
VI, 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 abandoned mine land 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 plan has the responsibility and 
primary authority to implement the program.
    On June 1, 1982, the Secretary of the Interior approved the 
Illinois plan. Background information on the Illinois plan, including 
the Secretary's findings, the disposition of comments, and the approval 
of the plan can be found in the June 1, 1982, Federal Register (47 FR 
23886). Subsequent actions concerning the conditions of approval and 
amendments to the plan can be found at 30 CFR 913.25.
    The Secretary adopted regulations at 30 CFR Part 884 that specify 
the content requirements of a State reclamation plan and the criteria 
for plan approval. The regulations provide that a State may submit to 
the Director proposed amendments or revisions to the 
[[Page 19698]] approved reclamation plan. If the amendments or 
revisions change the scope of major policies followed by the State in 
the conduct of its reclamation program, the Director must follow the 
procedures set out in 30 CFR 884.14 in approving or disapproving an 
amendment or revision.

II. Description of the Proposed Amendment

    By letter dated April 10, 1995 (Administrative Record No. IL-800-
AML), Illinois submitted a proposed amendment to its plan pursuant to 
SMCRA. Illinois submitted the proposed amendment at its own initiative. 
In accordance with 30 CFR 884.15, Illinois notified OSM that effective 
July 1, 1995, the authority and administrative responsibility for the 
Illinois plan will be transferred from the Abandoned Mined Lands 
Reclamation Council to the Illinois Department of Natural Resources, 
Office of Mines and Minerals, Abandoned Mined Lands Reclamation 
Division.
    Specifically, the Abandoned Mined Lands Reclamation Council will be 
merged into the Illinois Department of Natural Resources by virtue of 
Executive Order Number 2 (1995) signed by the Governor of Illinois on 
March 1, 1995. Article V, Section 11 of the Constitution of the State 
of Illinois authorizes the Governor to reassign functions among or 
reorganize executive agencies to simplify the organizational structure 
of the Executive Branch, to improve accountability, to increase 
accessibility, and to achieve efficiency and effectiveness in 
operation.
    Illinois specified that all rights, powers, and duties vested in 
the Abandoned Mined Lands Reclamation Council under the Illinois plan, 
including existing laws, rules, and statements of policy, would be 
administered by the Abandoned Mined Lands Reclamation Division of the 
Office of Mines and Minerals in accordance with the requirements of 
Title IV of SMCRA and consistent with all applicable Federal rules and 
guidelines.
    The Executive Order contains the following applicable provisions:
    Part I, paragraph C, provides that ``[t]he Department of Natural 
Resources shall have within it an Office of Mines and Minerals which 
shall be responsible for the functions previously vested in * * * the 
Abandoned Mined Lands Reclamation Council and such other related 
functions and responsibilities as may be appropriate;''
    Part II, paragraph D, transfers the Abandoned Mined Lands and Water 
Reclamation Act (20 ILCS 1920 et seq.), section 6a-1-a of the Illinois 
Purchasing Act (30 ILCS 505/6a-1-a), section 21(r)(2) of the 
Environmental Protection Act (415 ILCS 5/21(r)(2)), section 2 of the 
Surface Coal Mining Fee Act (20 ILCS 1915/2), section 1-3 of the Build 
Illinois Act (30 ILCS 750/1-3), and section 67.35 of the Civil 
Administrative Code (20 ILCS 405/67.35) from the Abandoned Mined Lands 
Reclamation Council to the Department of Natural Resources along with 
all rights, powers, and duties incidental to these Acts;
    Part III, paragraph A abolishes the Abandoned Mined Lands 
Reclamation Council, and paragraph C transfers personnel previously 
assigned to the Abandoned Mined Lands Reclamation Council to the 
Department of Natural Resources; and
    Part IV, paragraph F, provides that ``[t]his Executive Order shall 
not affect the legality of any rules in the Illinois Administrative 
Code that are in force on the effective date of this Executive Order 
that have been duly adopted by the agencies reorganized under this 
Order. As soon as practicable hereafter, the Department of Natural 
Resources * * * shall propose and adopt under the Illinois 
Administrative Procedure Act such rules as may be necessary to 
consolidate and clarify the rules of the various reorganized agencies 
that will now be administered by the successor agency.''

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 884, OSM is seeking 
comments on whether the proposed amendment satisfies the program 
approval criteria of 30 CFR 884.14. If the amendment is deemed 
adequate, it will become part of the Illinois plan.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Springfield Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., 
C.D.T., on May 5, 1995. The location and time of the hearing will be 
arranged with those persons requesting the hearing. If no one requests 
an opportunity to speak at the public hearing, the hearing will not be 
held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to speak have been heard. Persons in the audience who 
have not been scheduled to speak, and who wish to do so, will be heard 
following those who have been scheduled. The hearing will end after all 
persons scheduled to speak and persons present in the audience who wish 
to speak have been heard.
    Any disabled individual who has need for a special accommodation to 
attend a public hearing should contact the individual listed under FOR 
FURTHER INFORMATION CONTACT.

Public Meeting

    If only one person requests an opportunity to speak at a hearing, a 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
locations listed under ADDRESSES. A written summary of each meeting 
will be made a part of the Administrative Record.

IV. 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 promulgated by a specific 
State or Tribe, not by OSM. Decisions on proposed abandoned mine land 
reclamation plans and revisions thereof submitted by a State or Tribe 
are based [[Page 19699]] on a determination of whether the submittal 
meets the requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and 
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 or 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 OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 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 913

    Intergovernmental relations, Surface mining, Underground mining.


    Dated: April 14, 1995.

Tim L. Dieringer,

Acting Assistant Director, Eastern Support Center.

[FR Doc. 95-9773 Filed 4-19-95; 8:45 am]

BILLING CODE 4310-05-M